R. C. SHRIVASTAVA, J.

( 1 ) SMT. Bhagwati Devi widow of Kamal Prasad Sharma died on 18-12-1982 leaving two sons-Krishna Dutta Sharma (respondent) and Bhoj Dutta (father of the petitioner ). The respondent sued the petitioner and his father Bhoj Dutta for declaration of title to certain immovable property on the ground that he had inherited the same from his father. The petitioner resisted the claim and claimed title to the property under a will alleged to have been executed in his favour by Smt. Bhagwati Devi. He filed an application in the same Court for grant of probate of the will under S. 276 of the Succession Act. In the probate proceedings, the respondent filed an application for stay under S. 10 of the Civil P. C. or consolidating the probate case with the civil suit under S. 151 of the same Code. Vide order dt. 12-2-1986, the Court consolidated the suit and the probate proceedings. Being aggrieved thereby, the petitioner has preferred this revision petition.

( 2 ) THE contention of the learned counsel for the petitioner is that S. 10 ibid does not apply for the reason that the probate proceedings do not constitute a suit. In support of his contention that the proceedings do

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