KRISHNA GUPTA Vs. RAJINDER NATH

JUDGEMENT

(1.) By this order I shall decide this application filed by the defendant No.5 under Section 151 CPC with the following prayers:

(2.) It is the case of the applicant that the plaintiffs have filed the present suit seeking partition of the assets jointly held by defendant No.1, M/s. Rajinder Nath and Co. HUF and defendant No.4, M/s. Ram Chander Nath HUF. The plaintiffs admit that they are not a co-parcener in defendant No. 4, M/s. Ram Chander Nath HUF, and they are not claiming any share in the defendant No. 4 HUF. According to the applicant, the plaintiffs contend that they are entitled to l / 8th share each in the assets jointly held by defendant No. 1 HUF and defendant No. 4 HUF. It is also stated that the plaintiffs further admit that defendant No. 4 HUF is entitled to - 1/2 shares in the joint assets enlisted in the plaint.

(3.) According to the applicant, it is the case of the plaintiffs that since the business and assets are jointly held by defendant No. 1 HUF and defendant No. 4 HUF in equal undivided share, a partition by metes and bounds of the assets of defendant No. 1 HUF is not feasible unless the specific - 1/2 (50%) share of the defendant No. 4 HUF is demarcated and it is for this limited purpose that the Plaintiffs' claim that they have a cause of action against the defendant No. 4 HUF.