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2003 Supreme(Del) 1205

MANMOHAN SARIN
SUNEEL SODHI – Appellant
Versus
M. L. SODHI – Respondent


Advocates Appeared:
J.P.SINGH, P.K.DUGGAL, PAVAN DUGGAL

( 1 ) PLAINTIFFS have filed this suit for partition and mesne profits. The suit primarily concerns property bearing No. B-3/4, Vasant Vihar, New Delhi. It is the case of the plaintiffs that the property in question was a Joint Hindu Undivided Family acquired from ancestral funds. The defendant Nos. 1 and 2 were late Mr. M. L. Sodhi, in whose name the lease of the property stood and his wife late Smt. Raj Sodhi. Defendant No. 3 was Col. V. K. Sodhi and defendant No. 4 was Mr. A. K. Sodhi. Defendants 1 to 4 have all expired. Mr. M. L. Sodhi died on 18/01/1989. Defendant No. 2 expired on 7th January, 2002,and defendant No. 3 expired on 29th January, 2003. Defendant No. 4 expired on 4/01/1996. Plaintiffs are the legal representatives of defendant No. 4.

( 2 ) BY the present applications moved under Order VI, Rule 17, CPt and under section 151, CPC, the LRs of defendant No. 3 seek to amend the plaint to propound Will dated 18th Sept. 1989 and another registered Will dated 1/05/1996, said to be executed by late Shri M. L. Sodhi and Smt. Raj Sodhi. By the application under Section 151, CPC, the wills are prayed for being taken on record. The effect of these Wills briefly stated is that Mr





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