RAJIV SHAKDHER, J IA No. 14466/2009 (O. 12 R. 6 of CPC by Pltf.)

1. The captioned application has been filed by the plaintiff under the provisions of Order 12 Rule 6 of the Civil Procedure Code, 1908 (in short „Code?). The plaintiff/ applicant has filed a suit for partition and recovery of possession qua an immovable property bearing no. BB-21-A, Ground Floor, DDA MIG Flat, Janakpuri, New Delhi – 110 058 (hereinafter referred to as „Janakpuri Flat?). The suit is instituted by the plaintiff against his own wife, who is the only defendant in the suit. In the suit the plaintiff has claimed one-half share in the Janakpuri Flat.

2. The brief facts, which apparently led to the filing of the present suit and, to the extent they are relevant for the disposal of the present application are set out hereinbelow:

2.1 The plaintiff and the defendant evidently got married on 13.12.1985. They were blessed with two sons; Abhinav Lal and Ankit Lal, presently aged 23 years and 19 years respectively. It appears that the marriage soured and, consequently, the plaintiff filed for dissolution of marriage on, 05.05.2005 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred