AMRIT KAUR Vs. SARABJEET SINGH

JUDGEMENT

(1.) IA No. 7743/2007 this order proposes to dispose of an application, (IA 7743/2007) filed by the defendants, for rejection of the plaint, under Order VII, Rule 11 (d) Code of civil Procedure, 1908 (hereafter called "cpc") on the ground of its being time barred.

(2.) THE plaintiff a decree partitioning properties mentioned in Schedule A (to the suit) and other properties which may come to light in the course of the trial in these proceeding, which might have been purchased out of funds of the assets owned by her father, by metes and bounds, and declared her to be entitled to 1/5th share of the partitioned property. The plaintiff also claims a decree for rendition of accounts.

(3.) THE plaintiff avers that Desh Raj Singh, her father was born in 1918. He went to Karachi for earnings and started his transport business there in a small scale. After partition, he started his business in Delhi under the name and style of "karachi Taxi Co". The plaintiff"s father and his family were living at 34/42, Punjabi Bagh, New Delhi. It is averred that the defendants, all sons of the said Desh Raj Singh, after attaining majority, joined him in the business and were inducted as Directors of the company. It is also averred that from the earnings of the said business, her father Desh Raj Singh acquired properties listed in Schedule A. With advancing age, Desh Raj Singh"s interest in the business started to wane. Accordingly, the first defendant, being his eldest son, started acting as the Karta of the Hindu Undivided Family.