SARITA DUA Vs. DR. GAUTAM DEV SOOD

JUDGEMENT

(1.) First appeal has been preferred against the Order dtd. 30/8/2022 vide which the suit of the appellant (plaintiff in the suit for partition and rendition of accounts), has been rejected under Order VII Rule 11 of Code of Civil Procedure, 1908.

(2.) Facts in brief are that the three plaintiffs, who were sisters, filed a suit seeking partition of the property bearing no. N-32, Greater Kailash, New Delhi (hereinafter referred to as the suit property) against defendant no. 1, their brother and defendant nos. 2. 3 and 4 who are the legal heirs of the second brother, i.e. Dr. Devashish Kumar Sood.

(3.) The relevant facts as pleaded in the plaint are that the suit property was purchased by late Dr. Vyas Dev Sood, father of the parties on 27/4/1965 from his own funds/sources in the name of his wife, late Smt. Raj Kumari Sood for his own benefit, on which a two-storey house was consequently constructed from his own funds/sources. He died on 31/1/2001 while Smt. Raj Kumari Sood, the mother of the parties died in October 2004. They both died intestate and were survived by the three daughters, who are the plaintiffs and the two sons, who are respondent no. 1 and Dr. Devashish Kumar Sood, who is represented by his legal heirs. The disputes arose between the parties resulting in filing of the suit for partition and rendition of accounts.