1. The civil suit in the context of which application (IA 21329/2015) has been filed by the defendants seeking its dismissal in part with reference to “admissions”, invoking Rule 6 of Order XII of the Code of Civil Procedure, 1908 (CPC), was instituted in November 2014 for reliefs in the nature of declaration, partition and injunction by two plaintiffs, they being Sh. Arjun Singh Gupta (first plaintiff) and his wife Smt. Roopa Gupta (second plaintiff), Ajay Kumar Gupta (first defendant) and Alok Kumar Gupta (second defendant) being the sons of the said first plaintiff from out of his wedlock with Mrs. Archana Gupta, the said marriage of the first plaintiff having ended in divorce in July 1989, he having later entered into a second marriage with the said second plaintiff in 1991. The said first plaintiff Arjun Singh Gupta, however, died on 29.08.2015 and on this fact being brought on record, inter alia, through application (IA 19723/2015 under Order XXII Rule 1 and 2 CPC) the cause of action having survived between the remaining parties on record, the case has been further prosecuted solely by the second plaintiff asserting her own rights.

2. The plaint seeks the following rel