Romesh Verma, Judge.

The present petition arises out of the order as passed by learned Senior Civil Judge, Court No.II, Shimla, H.P. dated 05.01.2023, whereby the application filed by the petitioner/defendant under Order 14, Rule 2 read with Order 7 Rules 10 and 11(b) &d(c) of the CPC was rejected.

2. The brief facts of the case are that the plaintiffs/respondents have filed a suit for declaration to the effect that Will No.38, dated 30.06.1989, of land comprised in Khata/Khatauni No. 2/4, Khasra No. 505, measuring 10-6 bigha and Khasra No.576, measuring 1-19 bigha, total 12-5 bigha situated at Mohal Mohari, Tehsil and District Shimla, H.P. in favour of the defendant is illegal, null and void and further the declaration was sought that the mutation No.467, dated 18.03.2010 attested in favour of the defendant on the basis of Will No.38, dated 30.06.1989 is also illegal and wrong. Further redemption of mortgage created vide mutation No.200, dated 24.09.1989 and possession of the suit land along with permanent prohibitory injunction was sought by the plaintiffs against the defendant.

3. It was averred in the plaint that plaintiffs are sons and daughters of late Smt. Leela D