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2013 Supreme(Del) 184

HIMA KOHLI
Krishna Gupta – Appellant
Versus
Rajinder Nath & Co Huf – Respondent


Advocates Appeared:
For the Plaintiffs:Sudhanshu Batra, Sr. Advocate, S.K. Chaudhary, H.D. Talwani, Advocates.
For the Defendants:D2, D.S. Narula, Amit Singh Chadha Sr. Advocates, Angad Singh Narula, D3, Mohit Jolly, D4, Ms. Manmeet Arora, Ms. Liza M. Baruah, Advocates.

Judgment :

HIMA KOHLI, J.

1. The defendant No.2 and defendant No.4 have filed these applications, under Order VII Rule 11 CPC praying inter alia that the suit for partition of the HUF assets, for possession, rendition of accounts, permanent and mandatory injunction etc., instituted by the plaintiffs be rejected as being barred by law, barred by limitation and for the reason that the plaintiffs not being in actual/constructive or symbolic possession of any of the suit premises, they are liable to pay ad valorem court fees on the valuation of their shares in the suit premises for the relief of partition and the plaint has been insufficiently stamped by them by paying fixed court fees for the said relief.

2. The factual matrix of the case is as follows. Plaintiffs No.1 and 2 and defendant No.3 (daughters) and defendant No.2(son) are siblings and children of late Shri Rajinder Nath. As per the plaintiffs, the defendant No.1 is an HUF company with defendant No.2 as its present Karta. Defendant No.4 is another HUF with Shri Ashok Nath (son of Sh. Ram Chander Nath and nephew of late Shri Rajinder Nath) as its Karta. As per the plaintiffs, the defendant No.4/HUF has common undivided joint









































































































































































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