JUDGMENT :

1. This appeal has been filed by the appellant against the order dated 19.6.2019 passed in Judicial Misc. Case No.69 of 2018 in Original Suit (Probate) No.1 of 2017 on the file of the learned district Judge, Imphal East. 2. The appellant is the plaintiff and the respondent is the first defendant in the Original Suit (Probate).

2. The appellant is the plaintiff and the first respondent is the first defendant in the Original Suit (Probate).

3. The first defendant has filed Judicial Misc. Case No.69 of 2018 under Order 7, Rule 11 CPC read with Section 295 of the Indian Succession Act praying to reject/dismiss the application of the plaintiff for grant of probate of the will left by Late Huidrom Bira singh, who died on 16.01.1994 stating that the alleged Will of which probate was sought purports to make a gift of a plot of land measuring 65 x 130 feet with building constructed thereon covering 70 x 65 feet in favour of Huidrom Ajit singh, who is the beneficiary of the Will left by his father H. Bira Singh.

4. According to the first defendant, the above said plot of land was the subject matter of a suit in O.S.No.20 of 2005 on the file of the learned Civil Judge, Senior Division