YOGESH KHANNA, J.

IA No.4817/2017

1. This application is under Order 7 Rule 11 of the CPC. The plaintiff and defendants no.2 & 3 are brother and sisters whereas the defendant no.1 was the mother of the parties, who has since expired. This suit is for partition filed by married sister, married in the year 1976.

2. Before going to her claim in the instant application, it would be appropriate to state few facts:

(a) it is alleged one Joginder Nath Kapur, the grandfather of the plaintiff was allotted a plot in the year 1956 in lieu of the properties left there as he migrated from Pakistan. The said plot was sold by the father of the plaintiff in the year 1972 and out of those sale proceeds, he has purchased ½ of the property bearing No.12/19, Western Extension Area, Karol Bagh, New Delhi in the name of his wife i.e. mother of the parties – defendant No.1;

(b) thereafter, in the year 1981, the father also purchased remaining ½ portion in the name of his wife – defendant No.1 – the mother of parties;

(c) it is alleged the use and right in the subject property was only for the benefit of her all children and though it was purchased by the father in the name of his wife-defendant no.1