BISHNU DAS Vs. BISHWATOSH DAS AND ORS.

JUDGEMENT

(1.) I.A. 9101/2015 (exemption) Allowed, subject to all just exceptions. I.A. 9099/2015 (by D-1 u/O IX R 13 CPC) and I.A. 9100/2015 (by D-1 u/S 151 CPC for stay)

(2.) Before adverting to the submissions made by the counsel for the applicant/defendant No.1, it is relevant to refer to the sequence of events that have unfolded in the present case.

(3.) The plaintiff had instituted the present suit against his siblings praying inter alia for partitioning an immovable property bearing No.H-2/27A situated at village Palam known as Mahavir Enclave, Bengali Colony, New Delhi, measuring 102 sq. yards, owned by the mother of the parties, apart from the relief of possession, rendition of account etc. Summons were issued in the suit on 12.09.2008, returnable on 03.12.2008. In the interregnum, on 22.09.2008, at the request of the counsel for the plaintiff, a Local Commissioner was appointed to visit the suit premises and inventorize the stocks lying in the shop and on the ground floor, basement and the second floor of the suit premises and submit a report.