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IN THE HIGH COURT OF DELHI AT NEW DELHI
JYOTI WAZIR & ORS. – Appellant
Versus
DEEPAK KHOSLA & ORS. – Respondent
JUDGMENT :
VIKAS MAHAJAN, J.
1. The question with which this Court is confronted in the present judgment is whether the issues which were framed vide order dated 26.09.2011 covered the amended plaint or whether additional issues need to be framed, which if framed would require leading of additional evidence in respect thereof.
2. To find an answer to the above question, it is necessary to appreciate the background facts of the case.
3. The property bearing number 11, Prithvi Raj Road, New Delhi was owned by Late Sh. R.N. Khosla, who had two sons namely Sh. K.G. Khoslaand Sh. J.C. Khosla. The contesting parties in the present suit for partition are the heirs of Late Sh. K.G. Khosla. The plaintiffs are the three daughters of Late Sh. K.G. Khosla, whereas the Defendant No.1 is his son. When the suit was originally filed, it was filed by the Plaintiff No.1 as the sole plaintiff. Subsequently, the two other daughters of Late Sh. K.G. Khosla, who had been originally arrayed as Defendant Nos.4 and 5, were transposed as Plaintiff Nos.2 and 3 vide order dated 18.04.2006. Defendants No.2 & 3 are the sons of Defendant No.1. The Defendant No.4 (originally Defendant No.6) is the aforesaid Sh. J.C.
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