IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.439 of 2009 PHUL KUMARI DEVI, WIFE OF LATE SHYAM NARAIN SINGH, RESIDENT OF PIONEER CO-OPERATIVE COLONY, SIPARA, P.S. BEUR, DISTRICT PATNA. ---------PETITIONER/DEFENDANT IN COURT BELOW Versus MANISH KUMAR, SON OF LATE SHYAM NARAIN SINGH, RESIDENT OF VILLAGE – KALYAN BIGHA, POLICE STATIONHARNAUT, DISTRIT NALANDA, AT PRESENT PIONEER CO-OPERATIVE SIPARA, P.S. BEUR, DISTRICT PATNA. ---------OPPOSITE PARTY/PLAINTIFF IN COURT BELOW ----------- For the petitioner : Mr. Piyush Anand, Advocate. For the opposite party : None. ----------- 2. 20/3/2009 Heard learned counsel for the petitioner. The defendant-petitioner is aggrieved by the order dated 7.2.2009 passed by the Munsif 1st, Patna, in Title Suit No. 13 of 2008 whereby his prayer for staying the Title Suit No. 13 of 2008 till the decision in Probate Case bearing L.A. No. 44 of 2008 has been rejected by the court below. Learned counsel for the petitioner submits that the Probate Case is the earlier one and the will in question is also with regard to the property which is in dispute in the present Title Suit. Therefore, the contention is that the court below ought to have stayed the Title Suit, which was filed later, awaiting the final decision in the Probate Case. I do not find any force into the submissions of learned counsel for the petitioner. It is settled that in Probate Proceeding, the question of title of the parties cannot be gone into. In such cases, merely the genuineness of will is to be - 2 - tested and decided. In this regard, it would be apt to refer to a decision of this Court in Matia Devi Vrs. Smt. Masani Devi reported in 1991 (2) PLJR 403 wherein it has been held that by passing the order staying the proceeding of Title Suit pending the disposal of the Probate Case, the court below had committed serious jurisdictional error. The trial court on due consideration of facts and circumstances of the case has rightly held that the Title Suit cannot be stayed pending disposal of the Probate Case. There is no jurisdictional error in the impugned order dated 7.2.2009. As a result, this Civil Revision application is dismissed. S. Ali (Dr. Ravi Ranjan, J.)