VIPIN SANGHI, J.

I.A. No.23810/2015 (Under Order 7 Rule 11 CPC)

1. The aforesaid application has been moved by defendant No. 3 under Order 7 Rule 11 CPC for rejection of the plaint. Before setting out the plea raised by the defendant No. 3/applicant in this application, it is necessary to take note of the case of the plaintiffs set out in the plaint, inter alia, qua defendant No. 3.

2. The case of the plaintiffs is that late Ms. Kanta Mehra was the owner of two properties i.e. property No. C-4/8, Safdarjung Development Area, New Delhi, (described in the plaint as ‘property No. 1’) and Plot No. 559, Block A, Palam Vihar, Village Chauma, Gurgaon, Haryana (described in the plaint as, ‘property No. 2’). Ms. Kanta Mehra was a self-made and independent lady actively involved in business pursuits and led a socially active life. She was a partner in M/s Aspiration International with one Mr. Padam Kapoor. Late Ms. Kanta Mehra was a spinster and expired on 13.12.2010 without leaving any class I heirs. The plaintiffs and defendant Nos. 1 and 2 are claimed to be the class II heirs of late Ms. Kanta Mehra.

3. The case of the plaintiffs is that after the demise of her sister Mrs. Raj Kapoo