Will Rejection of Plaint applicable?

Sunlawseeker (Querist) 21 August 2010 This query is : Resolved
Dear Advocate !

In one case, A father died after bequeathing his both self acquired and ancestral property to his 3 sons out of 7 children in the year of 1993.

1 female heir is died leaving 3 as her legal heirs including her husband.

two sons who are beneficiaries of the WILL were filed a suit along with other 3 claiming partition from his elder brother.

The ancestral property was bequeathed to him.

My doubt is :

Is this suit is maintainable?

Can it be Rejected as per Order 7 Rule 11?

Any other option to solve this suit in favour of that elder son who is first defendant of the suit.

Thanking you

Regards

V. Sundaresan

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Chanchal Nag Chowdhury (Expert) 21 August 2010
Has the will been probated?
It is not clear who was given what & who is claiming what.
Generally such suits are not rejected summarily.

s.subramanian (Expert) 21 August 2010
Your query is not clear. Who is the plaintiff and who is the defendant in the suit.

Devajyoti Barman (Expert) 23 August 2010
The suit does not attract order 7 rule 11.

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