GAURI SHANKAR Vs. NISHA RANI GUPTA & ORS.

JUDGEMENT

(1.) The appellant (defendant No. 1 in the suit) is aggrieved by the impugned order dated 23.04.2015 in IA No. 10299/2014 in CS(OS) No. 2102/2011 under Order 14 Rule 5 of the Code of Civil Procedure (hereinafter referred to as the CPC) whereby issues No.(ii) & (iii), as framed on 24.04.2014, have been deleted.

(2.) The respondent No. 1 (plaintiff in the suit) filed the suit for partition and rendition of accounts contending that the late father of the appellant and the respondent No. 1 had died intestate and as such, the respondent No. 1 was a co -sharer in the properties left behind by the father and was entitled to partition and rendition of accounts.

(3.) The appellant has contested the suit taking a defence in the written statement that the deceased father had not died intestate but had left behind his last and final registered Will dated 03.06.2010. It was contended that by the last and final Will dated 03.06.2010, the deceased father had cancelled his previous two Wills i.e., registered Will dated 05.03.1992 and registered Will dated 21.09.1982.