MASTER ANANT NARAYAN RAI Vs. SIDDHARTH RAI

JUDGEMENT

(1.) This order shall dispose of applications filed by the plaintiff being IA No. 10842/2007 under Order XXXIX Rules 1 and 2 Code of Civil Procedure, 1908 ('CPC' for brevity) and IA No. 7820/2008 under Sections 18, 20 and 23 of Protection of Women from Domestic Violence Act, 2005 and IA No. 14008/2008 filed by the defendants under Order VII Rule 11 CPC for rejection of the plaint.

(2.) The plaintiff filed the suit inter alia, seeking partition and rendition of accounts in respect of properties and assets allegedly belonging to the HUF of Late Sh. Kalp Nath Rai. The plaintiff No. 2 is the wife of defendant No. 1 and they were married according to Hindu rites and ceremonies on 17th January, 2000. Plaintiff No. 1 is the son of plaintiff No. 2 and defendant No. 1, born on 23rd February, 2001.

(3.) Allegedly, defendant No. 1 has treated the plaintiffs with extreme cruelty, both physical and mental. He has assaulted, abused and tortured the plaintiffs. Plaintiff No. 1 is aged about eight years and is in the care and custody of his mother, plaintiff No. 2 herein. The plaintiffs have averred that they have the legal right to enjoy their share in all the HUF properties under the control and possession of defendant No. 1.