Manmohan Singh, J.

1. By way of this order, I propose to decide the abovementioned application under Order VI Rule 17 read with Section 151 CPC filed on behalf of defendant No.2 Mrs. Raj Puri who is the wife of Late Sh. Y.D. Puri who expired on 25th November, 2009 during the pendency of the suit.

2. Plaintiff No.1, Mrs. Sunita Rekhi is the daughter of defendant No.2/applicant who filed the suit seeking partition, declaration and permanent injunction. The claim in the plaint is that the three properties as referred to in the plaint belong to Joint Hindu Family and as such, the plaintiffs are entitled to relief for partition of the subject properties. The defendants No.3 and 4 are the sons of defendants No.1 and 2 and defendant No.5 is also the daughter.

3. The suit was contested by the defendants by filing their written statements. It is submitted that joint written statement was filed on behalf of defendant Nos.1 and 2 which was duly signed by them. Paras 4, 5 and 6 of the joint written statement filed by them are reproduced here as under:-

“4. Contents of para 4 are incorrect and are denied. The plaintiffs are put to strict proof of their allegation that the Joint Family took