JUDGMENT

Manmeet Pritam Singh Arora, J. - This first appeal has been filed under Section 10 of the Delhi High Court Act, 1966, impugning the order dated 28.03.2023 passed by learned Single Judge of this Court in CS(OS) 53/2021, titled as Indupal Kaur Sehgal v. Dr. Davinder Pal Singh Rekhi & Ors. whereby an application filed by the Appellant under Order VI Rule 17 of the Code of Civil Procedure, 1908 (`CPC') for amending the plaint has been dismissed.

1.1. The Appellant herein is the plaintiff and the Respondent Nos. 1 to 3 herein are the defendants before the learned Single Judge in CS(OS) 53/2021. The present appeal has been contested by Respondent Nos. 1 and 2.

1.2. The Appellant herein has filed a suit for partition in respect of the property i.e., A-389, Defence Colony, New Delhi (`suit property') claiming here 1/4th share in the suit property of the late Sh. Prehlad Singh Rekhi i.e., the father of Appellant, who died on 04.12.2007 intestate.

Late Sh. Prehlad Singh Rekhi is the common ancestor of the parties to the suit being their father.

1.3. The Respondent Nos. 1 and 2 filed their joint written statement to the suit and alleged that the suit property had already been partitioned