SURENDER KAMBOJ Vs. VIRENDER SINGH AND ORS.

JUDGEMENT

(1.) I.A. 15089/2016 in CS(OS) 1834/2014 : This application has been filed by Smt.Indu Kamboj [defendant no.9 in the suit] for a direction upon the plaintiff to delete certain properties from the schedule of properties in this partition suit. The applicant's contention is that the property is her self-acquired property and is not susceptible to partition at the instance of the plaintiff. Although the application is styled as one under Order VI Rule 16 of the Code of Civil Procedure, 1908 [hereinafter referred to as "the CPC"?], Mr. Anupam Srivastava, learned counsel for the applicant, submits that it be treated as one for judgment upon admission, under Order XII Rule 6 of the CPC. According to learned counsel for the applicant, the character of the properties in question as self-acquired properties of the applicant, have been admitted by the plaintiff.

(2.) The applicant Smt.Indu Kamboj is the wife of Sh.Virender Singh Kamboj [defendant no.1 in the suit], who is the older brother of the plaintiff, Sh.Surender Kamboj. The relief claimed by the plaintiff in the suit is principally for partition of various properties, which he contends were purchased out of the joint family funds, earned out of the joint business of the parties. The plaintiff claims 1/3rd share in 19 properties [enumerated in prayer A of the plaint] and 1/9th share in 3 other properties [enumerated in prayer B of the plaint]. Of the 22 properties included in the schedule of properties, the applicant claims that the following properties are her self-acquired exclusive properties:

(3.) Although the applicant was not originally impleaded in the suit, she applied for impleadment by way of I.A. 12588/2015, which was allowed vide order dated 08.10.2015. Submissions