IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.459 of 2009 Bhanumati Devi D/O Late Lallan Singh, wife of Subash Singh R/o Village Sonhan, PS Sonhan, At present address – resident of Village – akhalashpur, PS Bhabhua, Dist. Kaumur at Bhabhua ..... Defendant no.1/Petitioner Versus 1. Ravishankar Singh Son of Satyanarayan Singh 2. Ashray Kumar Singh son of Ravishankar Singh 3. Pawan Kumar Singh (Minor) son of Ravishankar Singh – Both are Legal guardian and next friend of Ravishankar Singh - All residents of Village Sonhan, PS & Post Sonhan, District Kaimur at Bhabhua .... Plaintiffs/Opp.Parties ----------- 08- 22/11/2011 None appears on behalf of the petitioner. Heard Mr. Din Bandhu Singh for opposite party nos. 1 to 3. Defendant no.1 of Title Suit no.181 of 1998 has preferred this revision application under the provisions of section 115 of the Code of Civil Procedure, and is aggrieved by the order dated 18.2.2009, passed by the learned Sub-Judge II, Kaimur at Bhabhua, in Title Suit no.181 of 1998, whereby his application to stay further proceeding in the present suit has been rejected in terms of section 10 of the Code of Civil Procedure. 2. We have perused the materials on record and considered the submissions of the learned counsel for opposite party nos. 1 to 3. It appears to us that the present suit in substance is one for partition of family properties. 2 Probate Revocation Case no.49 of 1999 is pending, wherein some of the properties are allegedly in common with the present suit. Therefore, the present petitioner had filed the aforesaid application under section 10 of the Code, which has been rejected by the impugned order. We agree with the reasoning assigned by the learned trial court in rejecting the application. Law is well settled that the court dealing with the probate case is not empowered to adjudicate issues relating to title. It has very limited jurisdiction to decide the genuineness of the will. In that view of the matter, we do not wish to interfere in the matter. 3. This civil revision application is accordingly dismissed. mrl ( S K Katriar, J. )