All the legal experts out there, here are 2 questions to test your knowledge:
A plaintiff started a Declaration and Injunction case about an immovable property invoking certain embargos given in an unprobated Will which were subject to be violated. Later on during the cross examination stage of this case plaintiff was repeatedly asked about why this Will was not being probated but its clauses were being referred to. Therefore the plaintiff decided to give the Will to Probate court in an advanced stage of this Declaration suit.
1. Are there any legal problems in giving the Will for probate when some of the points given in the Will are already under question in a separate court under the Declaration suit?
2. Since it is undesirable that the court in the earlier Declaration suit will arrive to its conclusions without the probated Will, so a STAY in proceedings in this Declaration suit is being contemplated by the plaintiff until judgement by probate court. Is this possible and under what justification?
Therefore I am asking whether there is any violation of section 10 of CPC (1908) or problems related to res judicata in firstly probating the Will and secondly asking for STAY in an earlier suit until Will probate judgement?
