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2005 Supreme(Del) 856

SANJAY KISHAN KAUL
RAJIV SETH – Appellant
Versus
DAYA KISHAN MEHRA – Respondent


Advocates Appeared:
ARUN KHOSLA, M.L.Lonial

SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff has filed a suit for declaration and partition in respect of estate of late Seth Muni Lal mehra. The declaration is sought in respect of the Will dated 23. 3. 1993 which, according to the plaintiff, is a forged one. The plaintiff claims share to the extent of 1/24 in the estate. The plaintiff has also claimed the relief of rendition of accounts against defendants No. 1 to 5.

( 2 ) IT is necessary to set out the relationship of the parties. The plaintiff is the son of Shri Raj kishore Seth. Shri Raj Kishore Seth was married to Late smt. Saroj Seth who is the daughter of late Seth Muni Lal mehra. Defendants No. 1 to 4 are the sons of late Seth muni Lal Mehra. One of the sons of late Seth Muni Lal mehra pre-deceased him and thus the second line has been impleaded as defendants. The brothers and sisters of the plaintiff have also been arrayed as defendants.

( 3 ) IN the plaint, it is stated that the properties mentioned in para 2 of the plaint are the self-acquired properties of late Seth Muni Lal Mehra and there may be even other properties of which the particulars would be with defendants No. 1 to 6.

( 4 ) THE list of properties given in par















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