MADHVI MEHRA Vs. KAUSHALAYA DEVI EDUCATIONAL TRUST

JUDGEMENT

(1.) MRS.Madhvi Mehra, appellant, has filed the present appeal against the order dated 23rd December, 2009 passed in I.A.No.7808/2006 in CS(OS)No.514/2006 whereby the application of the respondents No.2 and 3 under Order VII, Rule 11 CPC for rejection of the plaint was allowed and the suit of the plaintiffs Mrs.Kiran Sibal and Mrs.Madhvi Mehra (appellant) was dismissed being barred by principle of res judicata as well as barred by limitation.

(2.) MRS.Kiran Sibal is the mother of Mrs.Madhvi Mehra. Both filed the suit for rendition of accounts of respondent No.1 trust managed by respondents No.2, 3 and 4 and for a decree of declaration against the 28 occupants of flats/apartments as existing on piece of land under Khasra Nos.373, 374, 694/375 admeasuring 8 bighas and 12 biswas of land bearing plot Nos.3, 4, 5 & 6 in an area known as Kaushalaya Park, Hauz Khas, New Delhi, be declared as properties of respondent No.1. The said occupants of the same were impleaded as parties in the suit as defendants No.5 to 33 and also to declare that all acts, deeds and things done by the respondents No.2, 3 and 4 are in respect of suit properties of respondent No.1.

(3.) UPON service, respondents No.2 and 3 filed an application under Order VII, Rule 11 read with Section 151 CPC, 1908 for rejection of the plaint, inter alia, on the following grounds: