HIMA KOHLI, ASHA MENON
In the Matter of: Sukruti Dugal – Appellant
Versus
Jahnavi Dugal – Respondent
JUDGMENT
Hima Kohli, J.—The appellant/plaintiff has called in question, the legality of the judgment dated 23.09.2019, passed by the learned Single Judge in CS(OS) 649/2018, whereunder an application filed by the respondent No.3/defendant No.3 under Order VII Rule 11 read with Section 151 CPC for rejection of the plaint has been allowed by treating the same as an application under Order XII Rule 6 CPC and consequently, the suit instituted by her has been dismissed for want of cause of action.
2. The facts of the case have been succinctly captured in paras 2 and 3 of the impugned judgment and are reproduced hereinbelow for ease of reference:-
“2. The present suit seeks relief of partition, rendition of accounts and permanent injunction. As per the facts narrated in the plaint, the case of the Plaintiff is that Late Sh. Somnath Dandona was the Karta of the Hindu Undivided Family (hereinafter referred to as “HUF”) and the parties to the present suit are the members/coparceners of the HUF who were living under a common roof. The assets of the HUF comprise of the following immovable properties:- (a) House No. 275, ground floor, Kailash Hills, New Delhi. (b) House No. E-25, Vasant Marg,
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Indian City Properties Ltd. vs. Vimla Singh 198 (2013) DLT 432. (Para 8) – Relied.
T. Arivandandam vs. T.V. Satyapal (1977) 4 SCC 467. (Para 9) – Relied.
Roop Lal Sathi vs. Nachhattar Singh Gill (1982) 3 SCC 487. (Para 9) – Relied.
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Surender Kumar vs. Dhani Ram and Ors.
Surender Kumar Khurana vs. Tilak Raj Khurana & Ors. 2016 (155) DRJ 71 (DB). (Para 19) – Referred.
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