1.1. The Appellant is the original defendant no. 2 and Respondent No. 1 is the original plaintiff before the learned Single Judge. 1.2. The civil suit has been filed by the Respondent No. 1 for (i) Declaration and Cancellation of the registered Will dated 16th July, 2010 as illegal, null and void; (ii) for consequent relief of Partition with respect to property No. D-13, Block-D, Vivek Vihar, Delhi-110095 (‘suit property’); (iii) rendition of accounts of all movable assets left behind by their mother i.e. late Smt. Sushila Gupta; and (iv) for permanent injunction restraining defendants therein from creating any third-party interest in the suit property. 1.3. The Appellant and the Respondents are siblings and the suit has been filed for partition of the estate of their mother late Smt. Sushila Gupta. 2. The Appellant filed an application under Order VII Rule 11 CPC seeking rejection of the plaint on the ground that the plaint was without any cause of action. The said application has been dismissed by the learned Single Judge vide the impugned judgment. 3. Learned counsel for the Appellant states that late Smt. Shushila Gupta executed the registered Will dated 16th July, 2010 bequeathing the suit property exclusively in favour of the Appellant and Respondent No. 2 to the knowledge of the other siblings. He states that Respondent Nos. 1, 3 and 4 had full knowledge about the execution of the registered Will dated 16th July, 2010. He states that Appellant and Respondent No. 2 have acquired ownership rights in the suit property under the said Will by operation of law. He states that the Will dated 16th July, 2010 is a validly executed registered document and unless the said Will is declared to be null and void by a Court
