(1.) The captioned interlocutory application has been filed by defendant nos. 1, 2, and 4 under Order VII Rule 11 of the Code of Civil Procedure, 1908 ('CPC'), seeking rejection of the present plaint on the ground of non-disclosure of a cause of action.
(2.) Plaintiff nos. 1 and 2 are children of defendant no. 2 and one Ms. Himani Sachdeva. Defendant no. 2 and Ms. Himani Sachdeva are embroiled in matrimonial disputes. Ms. Himani Sachdeva is not a party to the present suit.
(3.) The plaintiffs have filed the present suit seeking partition and other ancillary reliefs in respect of the estate of their grandfather late Sh. Kewal Kishan Sachdeva. The plaintiffs have asserted their right to the said estate on the plea that the character of the immovable properties owned by late Sh. Kewal Kishan Sachdeva were coparcenary properties and the suit has been filed invoking Sec. 6 of the Hindu Succession Act, 1956 ('Act of 1956').