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C. Moreover, the plaintiff in the present case is not seeking declaration that the Will dated 29th October, 2002 is the last validly executed Will of the deceased. The probate of said Will is pending adjudication.

D. The plaintiff, on the premise that the Will dated 29th October, 2002 is the last validly executed Will of the deceased and whereunder she is the main beneficiary, is seeking declaration of her title to the properties and negative declaration that defendants No 1 and 2 have no title thereto. If the Will dated 29th October, 2002 is not held to be the last validly executed Will of deceased, the plaintiff will not be entitled to declaration of her title to the properties; the other declaration sought by the plaintiff of defendant No.1 being benami IA.No.9680/2006& CS(OS) 250/2006 Page no. 5 of 11 owner and the deceased being the real owner of the properties would also not serve any purpose then, in as much as even if that were to be so, the plaintiff would without the Will dated 29th October, 2002, not get any title thereto. So the question is, whether in such situation, does the plaint disclose any cause of action for the relief of declaration.