RAHUL VAID Vs. BALRAJ VAID AND ORS.

JUDGEMENT

(1.) O.A Nos. 94/2014 and 95/2014 [Chamber appeals by legal heirs of defendant no. 1 against the orders dated 20.11.2013 and 23.4.2014 passed by the Joint Registrar refusing to implead the legal heirs of defendant no. 1 and allowing the application of the plaintiff under Order XXII Rule 4(4) CPC being IA No. 1293/2013 for exempting the plaintiff from substituting the legal heirs of defendant no. 1 in place of defendant no. 1 as also to condone the delay under Section 5 of the Limitation Act, 1963 by allowing IA No. 11687/2014]

(2.) The subject suit is a suit for partition of a property stated by the plaintiff to be joint Hindu family property. The property is the property bearing no. 3/64, Old Rajinder Nagar, New Delhi. Originally, there were four defendants in the suit and subsequently, after allowing of the two amendments, the number of defendants increased to 9 and then to 10, defendant no. 10 being the wife of defendant no. 9 and both these defendants being purchasers of the suit property.

(3.) The defendant nos. 2(a), 3, 4 and 7 as also defendant nos. 5, 6 and 8 are in fact supporting the plaintiff because they fall in the plaintiff's branch. The effective contesting defendant in the case was defendant no. 1. Defendant no.1 had filed his initial written statement on 7.1.2005 taking the plea that the suit property is not a joint Hindu family property but the said property is exclusively owned by defendant no. 1 as the title deeds of the property are in the name of defendant no. 1.