SHOBHA JOLLY Vs. SURAJ S.J. BAHADUR

JUDGEMENT

(1.) Before dealing with several applications filed by the parties which are being disposed of by the present order, the background facts require to be set out.

(2.) The Plaintiff is the daughter of Defendant No. 1 and the sister of Defendant No. 2. The Plaintiff claims to be the coparcener in the Hindu undivided family (HUF) properties of Suraj S.J. Bahadur HUF. She states that Defendants 1 and 2 are also coparceners in the aforementioned HUF. She claims that she has a 1/3rd undivided right in the said HUF. The Plaintiff states that the aforementioned HUF was created from an earlier HUF, viz., Wing Commander Roopchand HUF. Wing Cdr Roopchand HUF was the father of the Defendant No. 1.

(3.) It is stated that the Wing Cdr Roopchand had a brother late Mr. Shakti S.J. Bahadur. The Plaintiff states that Defendant No. 1 filed a suit for partition against his brother late Mr. Shakti S. J. Bahadur being Suit No. 1893 of 1986 with respect to the movable and immovable properties forming part of the Wing Cdr Roopchand HUF properties. The list of properties on which Defendant No. 1 stated to have claimed his rights were: