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2023 Supreme(Del) 4931

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sarita Dua – Appellant
Versus
Gautam Dev Sood – Respondent


Advocates appeared:
Mr. Rishi Raj Sharma & Mr. Yuvraj Sharma, Advocates, for the Appellant.
Mr. Ashok Chhabra, Advocate for R-1 to R-4.

JUDGMENT

Neena Bansal Krishna, J.

1. First appeal has been preferred against the Order dated 30.08.2022 vide which the suit of the appellant (plaintiff in the suit for partition and rendition of accounts), has been rejected under Order VII Rule 11 of Code of Civil Procedure, 1908.

2. Facts in brief are that the three plaintiffs, who were sisters, filed a suit seeking partition of the property bearing no. N-32, Greater Kailash, New Delhi (hereinafter referred to as the suit property) against defendant no. 1, their brother and defendant nos. 2. 3 and 4 who are the legal heirs of the second brother, i.e. Dr. Devashish Kumar Sood.

3. The relevant facts as pleaded in the plaint are that the suit property was purchased by late Dr. Vyas Dev Sood, father of the parties on 27.04.1965 from his own funds/sources in the name of his wife, late Smt. Raj Kumari Sood for his own benefit, on which a two-storey house was consequently constructed from his own funds/sources. He died on 31.01.2001 while Smt. Raj Kumari Sood, the mother of the parties died in October 2004. They both died intestate and were survived by the three daughters, who are the plaintiffs and the two sons, who are respondent no

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