BADRI PERSHAD Vs. HARISH CHANDER

JUDGEMENT

(1.) This is an application under order 1 rule 10 Civil Procedure Code . filed one smt. shammi (for short the applicant) seeking to be impleded as a defendant in the above suit for partition.

(2.) The above suit has been filed by the plaintiff seeking partition of the property being the lease hold rights in plot No. II, Block 3C in Western Extension Area, Karol Bagh, New Delhi, and the super-structure made thereon commonly known as 3-C/11, New Rohtak Road, New Delhi. Defendants 1 & 2, who are brother of the plaintiff, have been impleaded as parties to the suit. In paragraph 2 & 3 of the plaintiff it has been pleaded that in October 1974, an oral partition of the said house property was effected between the parties. The division following the partition and the portions allotted to the plaintiffs and defendants 1 & 2 pursuant to that partition have been set out in sub-paras (a), (b).(c) and (d) of paragraph 2 and sub-paragraph (i), (ii)and (iii) of paragraph 3 of the plaint.

(3.) According to the plaintiff the oral partition in October 1974 was not fully implemented owing to some problem which prima fade appears to be minor. Prayers (a) & (b) in paragraph 15 of the plant read as follows :- (a) for partition of the said house No. 3-C/ 11, New Rohtak Road, New Delhi, between the plaintiff and the defendant No. 1 & 2 in equal shares in such a manner as the Court deems fit and proper. (b) or in the alternative for declaration of partition as mentioned in paragraph 2 & 3 above and its full implementation under supervision of Court.