MEERA GUPTA Vs. DINESH CHAND

JUDGEMENT

(1.) Property seems to be the genus of family disputes. Late Subhash Chand passed away on 20/3/1991 leaving behind his second wife, Meera Gupta, the appellant herein and his adopted.daughter Rashi, respondent No.3 herein to fight over his estate. Late Subhash Chand and his first wife Smt.Parkash did not have any issue and had adopted respondent No..3 vide registered adoption deed dated 24/7/1981. It may be added that respondent No.3 is the natural child of respondent No.4. A decade of litigation does not seems to be suffice for these parties.

(2.) The appeal arises from the impugned order dated 28/5/1999 disposing of the application filed by respondent No.3 herein being IA No.11944/92 under Order 12 Rule 6 and under Order 40 Rule 1 read with Section 151 CIVIL PROCEDURE CODE for judgment on admission and for the appointment of a Receiver of the suit property.

(3.) The appellant filed suit for partition, rendition of account and for permanent injunction in the year 1991. The appellant was married to late Subhash Chand on 10/12/1990. But Subhash Chand passed away soon thereafter on 20.3.-1991. The appellant claimed interest in the property of late Subhash Chand as his wife to the extent of 50%. The other respondents have been made parties to the suit in view of the fact that certain properties were held jointly by late Subhash Chand with his brother. Thus according to the appellant, she and respondent No.3 are entitled to 50?. share each in the estate of late Subhash Chand.