AKSHAT MITTAL Vs. MRS. RENU MITTAL

JUDGEMENT

(1.) The instant application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter "CPC") read with Sec. 151 of the Code of Civil Procedure, 1908 has been filed on behalf of defendant no. 1 seeking rejection of the plaint.

(2.) In the captioned suit, the plaintiffs are seeking a decree of partition and permanent injunction in respect of the property bearing no. 171, Chitra Vihar, Delhi - 110092 (hereinafter "suit property").

(3.) The instant application is filed on behalf of defendant no. 1 under Order VII Rule 11 of the CPC for dismissal of the suit on the ground that the plaint does not disclose the cause of action for grant of permanent injunction and a decree for partition. In the application, it is averred that neither there are any relevant and material contentions in the suit, nor have the plaintiffs filed any document on record to support their allegations and premise on which the present suit is based. It is also contended that the plaintiffs have no locus to seek partition of the said property, which is a self- acquired property of late Sh. Pradeep Kumar Mittal, since none of the plaintiffs are the legal heirs of late Sh. Pradeep Kumar Mittal. Therefore, the plaintiffs cannot raise any claim towards the said suit property. It is further averred in the application that the said suit property was not a Hindu Undivided Family (hereinafter "HUF") property but the individual property of the late Sh. Pradeep Kumar Mittal. Accordingly, it is prayed that the suit seeking the relief of partition and permanent injunction amongst other reliefs may be dismissed.