INDUPAL KAUR SEHGAL Vs. DAVINDER PAL SINGH REKHI

JUDGEMENT

(1.) This first appeal has been filed under Sec. 10 of the Delhi High Court Act, 1966, impugning the order dtd. 28/3/2023 passed by learned Single Judge of this Court in CS(OS) 53/2021, titled as Indupal Kaur Sehgal v. Dr. Davinder Pal Singh Rekhi & Ors. whereby an application filed by the Appellant under Order VI Rule 17 of the Code of Civil Procedure, 1908 ('CPC') for amending the plaint has been dismissed.

(2.) The learned counsel for the Appellant stated that by way of the proposed amendment, the Appellant seek to challenge the validity and the effect of the decree of partition dtd. 28/5/1976 passed in suit no. 75/1976.

(3.) In reply, learned counsel for Respondent Nos. 1 and 2 stated that the suit property was partitioned during the life time of late Sh. Prehlad Singh Rekhi in civil suit no. 75/1976 by decree partition dtd. 28/5/1976. He stated that the suit property stood partitioned by metes and bounds whereby, share of late Sh. Prehlad Singh Rekhi and late Smt. Mohinder Kaur was limited to the ownership and possession of the ground floor of the suit property only.