DEEPAK ANAND Vs. DEEP CHAND ANAND

JUDGEMENT

(1.) IA No. 5903 of 2010 (u/O VII Rule 11 This is an application under Order VII Rule 11 of the Code of Civil Procedure 1908 ('CPC') filed by the Defendant Nos. 1, 2 and 3 for rejection of the plaint.

(2.) THE Plaintiff, Mr. Deepak Anand, has filed the aforementioned suit for partition, injunction and rendition of accounts. The background to the case is that late Mr. Dharam Chand Anand and late Mrs. Chanan Kanta Anand were the parents of Defendant Nos. 1,4,5 and 6 (their sons) and Defendant Nos. 8 to 13 (their daughters). According to the Plaintiff, Defendant No. 1, Mr. Deep Chand Anand, and the Defendant No. 2, Mrs. Kiran 'Wati, are his adoptive parents. Defendant No. 3, Ms. Anjali Anand, is the biological daughter of Defendant Nos. 1 and 2 and the adoptive sister of the Plaintiff. The Defendant Nos. 6 and 7, i.e., Mr. Satish Chand Anand and Mrs. Anjana Anand respectively, are the biological parents of the Plaintiff. All the parties are Hindus and are governed by Mitakshara law.

(3.) THE prayer in the plaint is for a declaration of the share of the Plaintiff as a co-parcener of both the smaller and bigger Hindu Undivided Families ('HUFs') viz.; 'Deep Chand Anand HUF' and 'Dharam Chand Anand HUF' respectively. The further prayer is for a declaration that the Plaintiff also has a share to the extent of "1/ 4th in all the assets, properties, businesses, shareholding, moneys, deposits in the banks etc. belonging to Deep Chand Anand HUF as mentioned in Annexure 'C' and "1/4th share out of 1/5th plus 1/50th share of the Defendant No. 1 in bigger HUF 'Dharam Chand Anand HUF' as mentioned in Annexure 'D'. The further incidental reliefs are for rendition of accounts, permanent injunction etc.