ORDER :- This suit has been filed by the plaintiff, husband of deceased Mrs. Mithlesh Aggarwal, after coming into force of the Hindu Succession Act (Amendment Act 2005) whereby Section 6 of the Hindu Succession Act, 1956 was amended.

2. The defendant has filed an application under O. VII, Rule 11, CPC submitting that the suit was not maintainable and no right accrued upon the plaintiff after amendment of the Act and the partition of the disputed property had already taken place. The amended Act was not applicable. A prayer is made for rejection of the suit.

3. In order to appreciate the contention of both the parties, the brief narration of the relevant facts is necessary.

4. A civil suit bearing No. 1717/1984 was filed by the defendant No. 1 and 2 for partition of the properties left behind by Mr. Pran Nath Goyal. In the suit, wife of Mr. Pran Nath Goyal and other sons and daughters including the wife of the plaintiff were the parties. During the pendency of the suit, on a joint application filed by the parties, under Section 21 of the Arbitration Act, 1940, the entire matter was referred to arbitrator for deciding the question of division of property. The Arbitrator gave an award on

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