JUDGMENT :

R.D. DHANUKA, J.

1. By this notice of motion filed by the applicants (original defendant nos. 1(a) and 2) under Order VI Rule 16 of the Code of Civil Procedure, 1908, the applicants pray that the written statement filed by the defendant nos. 3 to 5 be struck off. Some of the relevant facts for the purpose of deciding this notice of motion are as under:-

2. On 17th July, 1961, Maharaja Jivajirao Scindia, the former ruler of the erstwhile princely State of Gwalior died intestate, leaving behind diverse immoveable and moveable properties and leaving behind him (1) Smt. Vijayaraje Jivajirao Scindia (widow), the original plaintiff, (2) Shri Madhavrao Jivajirao Scindia (son) original defendant no. 1, (3) Smt. Madhavi Raje Madhavrao Scindia (daughter-in-law) defendant no. 2, (4) Smt. Usharaje Rana Pashupati Singh (daughter) defendant no. 3, (5) Smt. Vasundhara Raje Hemant Singh (daughter) defendant no. 4, (6) Smt. Yashodharaje Bhansali (daughter), defendant no. 5, (7) Smt. Padma Raje who died leaving behind her two daughters (i) Ms. Kanikadevi Deo Burman and (ii) Ms. Pratimadevi Rana Burman (defendant nos. 6 and 7).

3. On 9th August, 1984, the original plaintiff in her capacity as