MUBARAKUNNIS MOHAMMED NASEEM Vs. MOINUDDIN MOHD USMAN KHAN

JUDGEMENT

(1.) The original plaintiff has sued for administration of the estate of her father. She has expired. Her heirs have been brought on record. They shall be referred to as the plaintiffs. Pleadings are filed. The issues have been framed on 20.6.2007. The first issue is with regard to the bar of limitation. The plaintiff has thereafter taken out various Notices of Motion being Notice of Motion No. 3870 of 2007, Notice of Motion No. 1834 of 2008 and Notice of Motion No. 904 of 2009. The defendants Advocate contend that the issue of limitation be decided as preliminary issue. That issue is required to be decided under the provisions of Order 14, Rule 2 of the CPC as a preliminary issue.

(2.) Issue of limitation is framed as under: Whether the claim in the suit is barred

(3.) This is an administration suit. The plaintiff is the daughter of the deceased father whose estate the plaintiff seeks to have administered. It is the plaintiffs case that her father left only two heirs her mother and herself. The parties are Muslims governed by Muslim personal law. Her mother is entitled to 1/8 share in the estate of the deceased. The plaintiff claims 2/3rd of the remaining 7/8 estate of the deceased. The plaintiff claims that the deceased as a partner in various businesses such as Muslim Bakery, Gulshan Bakery, Shahi Bakery and Javed Restaurant had l/5th share in the profits and assets of the partnership firm along with defendants who were the other partners. The extent of the share of the plaintiff's father in the partnership firm is not denied. The plaintiff has also claimed similar share in cei tain immovable properties of her father as his estate. These properties are enumerated in the list of partnership firm and immovable properties annexed as Exhibit A to the plaint.