A suit for Declaration and Injunction is currently ongoing in court and hearing has commenced. The plaintiff also has a temporary injunction till disposal of suit. As this suit has progressed it has been felt more and more that an unprobated and unregistered Will is central to the issues in this suit. Consequently the plaintiff has now decided to probate this Will. So, how can the plaintiff ask for stay in the original Declaration suit until probating of the Will is completed, as further progress without the probated Will is handicapping this suit?
Now additionally the defendants has put in two partition suits one in the form of counterclaim on the above Declaration suit and the other as a separate partition suit but with analogous proceedings on the Declaration suit. The before mentioned Will which is being submitted for probate, explicitly speaks against partition. So, how can these two suits be also stopped until the Will probate is over?
