DALIP KUMAR Vs. OM PARKASH AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 31st August, 2009 of the Court of Sh. Bhupesh Kumar, Additional District Judge (ADJ) -06 (West), Delhi of dismissal of a suit filed by the appellant for partition of the estate left behind by his father late Sh. Ram Prasad.

(2.) NOTICE of the appeal was issued. The respondents No. 1, 4 & 5 died during the pendency of the appeal and their legal representatives were substituted vide orders dated 2nd May, 2013, 17th July, 2013 and 13th March, 2015 respectively. The Registrar (Appellate) has in orders dated 4th December, 2014 and 20th January, 2015 recorded that all the respondents have been served. However only the counsel for the appellant and the counsel for the respondents No. 8 to 10 appear. The other respondents are proceeded against ex -parte. Though the Trial Court record has not been requisitioned but considering the nature of the controversy, need therefor is not felt. The counsels have been heard.

(3.) ON the pleadings of the parties, there was no dispute that, the (i) appellant; (ii) respondent No. 1; (iii) respondents No. 2 to 6 together; (iv) respondent No. 7; (v) respondents No. 8 to 10 together; (vi) respondent No. 11; and, (vii) respondent No. 12, have 1/7th share each in the estate of late Sh. Ram Prasad. Only the following issues were framed in the suit: