1 CRA No.440/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.440 of 2010 Raghunath Eknath Hagawane & ors. ... Applicants versus Maruti Shripati Charwad & ors. ... Respondents ... Mrs.Chandana Salgaocar Radia for the applicants CORAM : D.G. KARNIK, J DATED : 8th December 2010 P.C. 1. Respondent filed a suit (RCS No.928/08) in the Court of Civil Judge, Sr. Division, Pune for a declaration that the Will dated 27 May 1987 executed by Anasha V. Charwad (for short “testator”) was obtained by Eknath D. Hagawane by exercising undue influence on him and for a declaration that a Will was void and did not confer any rights on Eknath Hagawane or his heirs. The revision applicants who were the defendants in the suit filed an application under Order 7 Rule 11 of the Code of Civil Procedure for rejecting the plaint. The trial Court by an order dated 18 March 2010 rejected the application. That order is impugned in this revision application. 2 CRA No.440/10 2. Learned counsel appearing for the applicant submitted that u/s. 62 of the Indian Succession Act, Will can only be cancelled by the maker and therefore the suit for cancellation of the Will was not maintainable. She submitted that consequently the trial Court ought to have allowed the application. The submission is without merit. The suit is not for cancellation of a Will but for a declaration that the Will was obtained by undue influence and therefore void/voidable. No provision of law was pointed out to show that such a suit was not maintainable. 3. Counsel for the petitioner contended that the prayer in the plaint was not properly worded and it was also prayed in the plaint that the Will be cancelled. The plaint must be read as a whole and a mere use of the word “cancellation” in the prayer clause would not oust the jurisdiction of the court to entertain and try the suit which essentially is for a declaration that the Will was void as it was procured by use of undue influence. There is no merit in the application which is rejected summarily. (D.G.KARNIK, J)