Pradeep Nandrajog, J.

1. Late Zorawar Singh was the father of the appellants and the respondents. He died on January 04, 1986. The mother of the parties i.e. wife of Zorawar Singh was Ram Pyari. She died on June 18, 2009.

2. Respondent No.1 filed CS (OS) No.430/2012 alleging that both parents died intestate and since Zorawar Singh was the owner of property No.9988-C, New Rohtak Road, New Delhi, the same was liable to be partitioned amongst his children. He also sought a rendition of accounts since the property was on rent. In the written statement filed, the appellants pleaded that during his lifetime Late Zorawar Singh had executed a will on June 16, 1985 and on October 21, 1995 had executed a codicil in respect of his estate and that qua the suit property the bequest was in favour of appellant No.2, with life interest in favour of the mother.

3. Vide order dated March 10, 2014 following issues were settled in CS (OS) No. 430 of 2012:-

“i. Whether the suit of the plaintiff is liable to be rejected on account of concealment/suppression of material facts? If so, to what effect? OPD

ii. Whether the suit is liable to be rejected under Order 7Rule 11(a) CPC?

iii. Whether the suit i