ASHOK KHANNA Vs. KAPIL KHANNA

JUDGEMENT

(1.) THIS is an application filed by the defendant seeking dismissal of the present suit as barred by provisions of Order 2 Rule 2 CPC.

(2.) MR. NANGIA, learned counsel appearing on behalf of the defendant has contended that the plaintiff who is the real brother of the defendant had earlier filed a suit being CS (OS) No. 4/2006 and had claimed partition in respect of one of the properties left by his deceased father Shri Amir Chand khanna bearing Flat No. 86, Maitri Appartment, Mayur Vihar, Phase-1, Delhi-91.

(3.) THE said suit was filed by the plaintiff in December 2005 after about seven years of the demise of his father that took place on 12. 11. 1998. The present suit being CS (OS) No. 778/2006 has been filed by the plaintiff against the defendant for rendition of accounts and permanent injunction and this suit was filed on 3. 5. 2006 i. e after about five months of the filing of the earlier suit. In Para 5 of the present suit, the plaintiff has stated that his deceased father Shri Amir Chand Khanna at the time of his death had left the following estate: