( 1 ) THIS is an appeal preferred TO by the 1st defendant in Suit No. 870186 against the order of the learned Single Judge dated 16-2-1995 dismissing the application filed by the appellant seeking rejection of the plaint under Order 7, Rule 11. CPC.

( 2 ) THE 1st respondent herein, Maharaj Jagat Singh, who is the plaintiff and the appellant Lt. Col. Sawai Bhawani Singh ( 1st; defendant) and two others are brothers and are the sons of late Maharaj Sawai Man Singh, the former ruler of Jaipur in Rajasthan. The said Maharaj Sawai Man Singh died on 24-6-1970 leaving behind him his 2 widows, 4 sons (including the appellant and the 1st respondent) I daughter and two grand children. The 1st respondent herein has filed a suit for partition against the appellant and others in respect of plaint Schedule properties. He also prayed for relief of accounts the appellant 11st defendant in respect of various properties and cancellation of power of attorney dated 29-8-1985 executed by the appellant in favour of his wife the 8th defendant and for otherer reliefs the suit was filed on 24-5-1986 and is pending in this Court.

( 3 ) IN the plaint filed by the 1st respondent it wa