POONAM BHANOT Vs. VIRENDER SHARMA

JUDGEMENT

(1.) This application seeks a direction to defendant nos. 3 and 1 to lead their evidence first instead of the plaintiff doing so.

(2.) Brief facts of the case are that the plaintiff is one of the daughters of late Sh. Devender Nath Sharma and has filed the present suit for partition, injunction, mandatory injunction and rendition of accounts claiming 1/6th share in the properties and assets owned by her late father. In the plaint, the plaintiff averred that the father of the parties had expired on 17/9/2016 without a Will. Thus, it was claimed that the parties to the suit who are all legal heirs of late Sh. Devender Nath Sharma are in joint possession of the following properties, from which the share is claimed by the plaintiff ;

(3.) On the other hand, defendant no. 1, who is brother of the plaintiff has stated in his written statement dtd. 13/12/2017 that there was an unregistered Will dtd. 12/7/2016 drawn by father of the parties, by which their father had bequeathed his residential property bearing No. D-14-A/18, Model town, Delhi-110009 and commercial flat no. 203, K1 Building, 412, Gurgaon Mehrauli road, Sector-14, Gurgaon, Haryana to the defendant no. 1 exclusively. The defendant no. 1 had further submitted in his written statement that the father of the parties had revoked his earlier Will dtd. 5/9/2014.