JUDGMENT

Amit Bansal, J. - I.A. 13628/2019 (O-VII R-11(a) & (d) of CPC)

1. The present application has been filed on behalf of the defendant no.1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) seeking rejection of the plaint.

2. Notice in this application was issued on 30th September, 2019. No reply has been filed on behalf of the plaintiff.

3. The present suit has been filed on behalf of the plaintiff seeking relief of declaration, partition and possession in respect of following three immovable properties:

i. Property bearing No. 3/24, West Patel Nagar, New Delhi- 110008, admeasuring 200 square yards;

ii. Cottage No. 8, West Patel Nagar, New Delhi-110008 admeasuring 350 square yards; and

iii. Property bearing No. 2644, Sadar Thana Road, Delhi admeasuring about 707 square feet.

4. Plaintiff and the defendants no.1 to 3 are brothers, the defendant no.4 is their sister and the defendants no.5 and 6 are the children of another predeceased sister. All the parties are descendants of late Dr. Harnam Singh, who expired on 8th September, 2001. The plaintiff seeks partition of the aforesaid three properties on the ground that the said properties were joint family properties.

5.