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DELHI HIGH COURT
PRATHIBA M.SINGH
Krishan Kumar Saini – Appellant
Versus
Rajinder Kumar Saini – Respondent
JUDGMENT
Prathiba M. Singh, J.(Oral)
CM(M) 682/2015 & CM APPLs. 13103/2015, 4768/2017, 54010/2018
1. The present petition arises out of a suit for partition between the legal heirs of Late. Shri Som Nath Saini. The suit was filed by Shri Krishan Kumar Saini (Plaintiff) against his two brothers, namely, Sh. Rajinder Kumar Saini and Sh. Surinder Kumar Saini (Defendants No.1 and 2) and Smt. Krishna Kumari (Defendant No.3). The prayer in the suit was for a decree for partition in respect of property bearing no. A-70, NDSE, Part-II, New Delhi. The suit was filed on 10th March, 1987. Defendant No. 1-Sh. Rajinder Kumar Saini had filed a written statement. Defendant No. 2-Sh. Surinder Kumar Saini had also filed a written statement. However, during the pendency of the suit, both the brothers have passed away and are represented by their legal heirs.
2. The question has arisen as to the legal heirs of Mr. Rajinder Kumar Saini, who passed away on 26th May, 2001. One Ms. Premshila and Mr. Achal Kumar (hereinafter, "Applicants") filed application under Order XXII Rule 4 seeking impleadment on the ground that they are the wife and son of Late Mr. Rajinder Kumar Saini. The Plaintiff, on the o
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