VALMIKI J.MEHTA, J.

I.A.No.20104/2014 (under Order XII Rule 6 CPC by the plaintiff)

1. This is an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) filed by the plaintiff in this suit for partition etc. The suit for partition is filed for the property of Smt. Gobind Kaur Sabharwal namely 12, Kohat Enclave, Pitampura, Delhi-34. Plaintiff is the daughter of Smt. Gobind Kaur Sabharwal. Defendant nos.1 and 3 are the brothers of the plaintiff and also the children of Smt. Gobind Kaur Sabharwal. Defendant nos.2 and 4 are also the sister and brother of the plaintiff and again children of Smt. Gobind Kaur Sabharwal.

2. In the plaint, it is pleaded that the mother Smt. Gobind Kaur Sabharwal died on 4.11.2002 and that the mother died leaving behind the registered Will dated 16.4.2001 whereby 1/5th share in the suit property at Kohat Enclave was given to each of the plaintiff and the four defendants who are the children of Smt. Gobind Kaur Sabharwal. The alternative case which is set up in the plaint vide para 8 is that even if there is no Will of the mother, the parties to the suit, being the children of late Smt. Gobind Kaur Sabharwal, they will inherit 1/