V.K. Shali, J.

IA Nos. 7093-94/2009 & 10546/2009

1. This order shall dispose of three applications bearing IA Nos. 10546/2009 under Order VII Rule 11 (a) CPC filed by the defendant No. 1, IA No. 7093/2009 under Order XXXVIII Rule 5 CPC and IA bearing No. 7094/2009 under Order XL Rule 1 CPC filed by the plaintiffs.

2. Briefly stated the facts of the case are that the plaintiffs are four daughters of Late Shri Rajendra Vikram Singh. The suit was filed for partition of two properties bearing No. B-10, West End, New Delhi and a commercial property bearing No. 510, Suryakiran Building, 19, Kasturba Gandhi Marg, New Delhi marked in green in Schedule-I. The Surya Kiran Property was purchased from the defendant No. 6. So far as the property in West End is concerned, it was alleged that it was a joint property of their deceased father Rajendra Vikram Singh and his brother Jaswant Singh (since deceased). The defendant No. 1 Jaswinder Singh is the son of Late Shri Jaswant Singh. The defendant No. 2/Ms. Surinder Kaur is the widow of Jaswant Singh. The defendant Nos. 3 and 4 and 5 Jasdeep Kaur, Harpreet Kaur and Hardeep Kaur are the daughters of Late Shri Jaswant Singh. The defendant No. 6 is stat