MANJEET SINGH ANAND Vs. SARABIT SINGH ANAND

JUDGEMENT

(1.) THE appellant in FAO (OS) No.83/2008 (defendant No.1 in the suit) had filed an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure seeking rejection of the plaint in the suit filed by respondents No.1 to 3 herein. That application has been dismissed by the learned Single Judge vide orders dated 11.2.2008. This order is the subject matter of challenge in both these appeals. Second appeal, i.e., FAO (OS) No.84/2008 is preferred by defendant No.1 in CS (OS) No. 1791/2006. To avoid any confusion, we shall stick to the nomenclature of different parties as appearing in the suit, i.e., the appellant in FAO (OS) No. 83/2003 shall be referred to as the defendant No.1 and the respondents No.1 to 3 herein shall be referred to as the plaintiffs.

(2.) THE plaintiffs and the defendants are related to each other. Suit filed by the plaintiffs is for partition and permanent injunction wherein decree of partition in respect of the property known as 6, Cavalry Lines, Mall road, Delhi, has been sought. It is stated that all the plaintiffs and the defendants, who are 10 in number, have 1/10th share each in the said property. The relationship between the parties, as disclosed in the plaint, is as under:-

(3.) THE Plaintiffs (excluding Plaintiff No.3) and the defendants are all sons and daughters of Late S. Sucha Singh Anand, albeit, from different wives. Plaintiff No.3 is the third wife of Late S. Sucha Singh Anand. Plaintiff No.1 and 2 and defendants No.2 and 5 are born from Plaintiff No.3 Defendant No.1, 3, 4, 6 and 7 are the children of the second wife of Late S. Sucha Singh Anand. There were no issues from the first wife.