NAVAL SONI Vs. SURINDER SONI

JUDGEMENT

(1.) TODAY learned counsel for defendants No.1 and 4 prays for an adjournment on the ground that he has been entrusted with the case file this morning. However, a perusal of the order -sheet reveals that the right of defendant No.4 to file his written statement was closed as far back as 26th October, 2009 and the evidence of defendant No.1 was closed on 30th March, 2012. Moreover as the present suit had been filed in the year 2007, this Court declines the prayer for adjournment.

(2.) IT is pertinent to mention that the present suit has been filed for partition by the plaintiff against his two brothers and his sister. The plaintiff's nephew was impleaded as a party to the present proceedings vide order dated 23rd September, 2009 passed by this Court.

(3.) THE relevant facts of the present case are that the father of the plaintiff had purchased the suit property bearing No. B -2/118C Safdarjang Enclave, New Delhi of a plot land measuring 125 square yards in the year 1975 from Shri Roop Ram. However, the Sale Deed was executed in favour of Smt. Sumitra Soni, wife of Shri Jagan Nath Soni, who was a housewife. It is the case of the plaintiff that Shri Jagan Nath Soni had raised construction on the said plot out of his own funds and Smt. Sumitra Soni had no source of income.