KUMARI LAXMI Vs. RAMA DEVI

JUDGEMENT

(1.) The instant revision petition is preferred against the stay of the partition suit under Sec. 10 of the Civil Procedure Code, 1908 ('CPC' hereinafter) granted by the learned Trial Court, wherein the Court had stayed the suit for partition filed by the petitioner in New Delhi vide order dtd. 31/8/2019.

(2.) The petitioner is the daughter of late Shri Brajbihari Prasad ('the deceased' hereinafter) who died intestate on 13/6/1998. The respondent no. 1 is the wife of the deceased and the other respondents are the children of the deceased.

(3.) The respondent no. 5, son of the deceased filed a suit for partition bearing no. 71/2018 ('Bihar Suit' hereinafter) on 28/2/2018 in Bihar before the Motihari District Court for apportioning the properties of the estate located only in Bihar.