SUSHANT Vs. SUNDER SHYAM SINGH

JUDGEMENT

(1.) By way of this appeal, the Appellant seeks to impugn the order dated December 13, 2012 passed by the learned Single Judge dismissing the suit of the Appellant for partition and rendition of accounts.

(2.) The aforesaid suit was filed by the Appellant Master Sushant (minor) through his natural guardian and mother against his father Shri Sunder Shyam Singh (the Respondent herein). The Appellant/Plaintiff has averred in the plaint that the Respondent/Defendant received, by devolution various movable and immovable properties enumerated in the plaint from his father late Shri Joginder Singh (grandfather of the Appellant/Plaintiff) who died on 14.11.1999 and, therefore, he (the Appellant) became a co-parcener and entitled to the share from the properties which had been inherited by his father (the Respondent No.1) from his grandfather late Shir Joginder Singh. On the aforesaid facts, the learned Single Judge vide the impugned order rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure on the ground that the plaint did not disclose a cause of action. In paragraph 4 of the order, it was held as under:-

(3.) The sole ground on which the aforesaid findings have been assailed is that the Appellant/Plaintiff in paragraphs 11 and 12 of the plaint has described the properties as "co-parcenary". For the sake of ready reference, the aforesaid paragraphs of the plaint are reproduced hereinbelow:-