NRIPENDRA KUMAR AGGARWAL Vs. SURENDER LAL AGGARWAL

JUDGEMENT

(1.) THE Appellant has preferred the present appeal impugning the order dated 09.05.2013 passed by a learned Single Judge of this court in CS(OS) No.1353/2012 (hereinafter referred to as the ,,impugned order). By the impugned order, the learned Single Judge has dismissed the application being I.A. No. 12126/2012 filed by the appellant/ defendant No. 1 under Order VII Rule 11 of the Code of Civil Procedure, praying for rejection of the plaint.

(2.) THE controversy involved in the present case is whether the plaint filed by respondent no.1 (the plaintiff in the suit CS(OS) No.1353/2012), inter alia, praying for a decree of declaration that the plaintiff is entitled to 1/5th share in the entire unconstructed roof of the single storied property bearing No. 61/62, Ramjas Road, Karol Bagh, New Delhi (hereinafter referred to as the ,,suit property) and a decree of partition of the suit property, is liable to be rejected as not disclosing any cause of action in favour of the plaintiff.

(3.) MOHAN Lal Aggarwal was the Karta and manager of the Joint Hindu Family (hereinafter referred to as the ,,JHF). The JHF had immovable properties at Delhi and Ferozpur (Punjab). On 25.01.1958, there was an oral arrangement between the members of the JHF with regard to the division of the immovable properties of the JHF. A declaratory suit bearing Civil Suit No.81/1958 was filed in February, 1958 to give effect to the said oral arrangement.