Suit for possession and damages

Querist : Anonymous (Querist) 03 December 2011 This query is : Resolved
Sir,
In a suit for possession and damages which is under sub-judice in delhi court the plaintiff has claimed his absolute rights by suddenly producing a purported will on a plain paper of 22 years back. During these years the plaintiff never thought it necessary to get it probated. However, the plaintiff has now filed a probate petition. I shall feel grateful if clarification on my following point is given:-

1. Whether the suit for possession and damages filed by the plaintiff against defendant can be stayed or dismissed till final outcome of probate petition, if so under what grounds alongwith relevant judgements of Delhi high court or SC.

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ajay sethi (Expert) 03 December 2011
the foundation of the suit is the will . unless the will is proved the suit for posession cannot be decided . under the circumstances the suit ought to be stayed pending hearing and final disposal of probate petition

Devajyoti Barman (Expert) 03 December 2011
Both the case will run parallely. There are numerous precedents of Calcutta High Court in this respect.

Shailesh Kr. Shah (Expert) 04 December 2011
Agree with opinions of both experts.

M/s. Y-not legal services (Expert) 04 December 2011
no., the declaration of the possession suit need not to be stayed till the dispossal of the probate petition..

K S GOSWAMI, Advocate (Expert) 04 December 2011
The suit for possession and damages filed by the plaintiff against defendant is liable to proceeded but the subsequently filed probate petition is to be stayed u/s 10 CPC.