RFA(OS) 27/2022 Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 14.03.2023

Pronounced on: 04.07.2023

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RFA(OS) 27/2022

SMT. SARITA DUA

.... Appellant

Through:

Mr. Rishi Raj Sharma & Mr.

Yuvraj Sharma, Advocates.

versus

DR. GAUTAM DEV SOOD & ORS. ....Respondents

Through:

Mr.

Ashok

Chhabra,

Advocate for R-1 to R-4

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

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

Digitally Signed

By:SAHIL SHARMA

Signing Date:04.07.2023

12:14:22

Signature Not Verified

RFA(OS) 27/2022 Page 2 of 13

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.

1 and Dr. Devashish Kumar Sood, who is represented by his legal heirs.

The disputes arose between the parties resulting in filing of the suit for

partition and rendition of accounts.

4

An application under Order VII Rule 11 of the Code of Civil

Procedure, 1908 was filed by the respondents/defendants seeking dismal

of the suit essentially on two grounds:

i)

The mother, Smt. Raj Kumari Sood, who was the sole owner

of the suit property had executed two Gift Deeds dated

13.03.2000 and 11.03.2002 in favour of two sons, namely,

defendant no. 1 and Dr. Devashish Kumar Sood. The relief

claimed in the present suit is simplicitor for partition without

challenging or seeking cancellation of the aforesaid two

registered Gift Deeds about which the plaintiff were aware

since the year 2009.

Digitally Signed

By:SAHIL SHARMA

Signing Date:04.07.2023

12:14:22

Signature Not Verified

RFA(OS) 27/2022 Page 3 of 13

ii)

The present suit has been filed only in the year 2020 and is

barred by limitation under Article 59 of the Limitation Act,

1963.

5.

Admittedly, the plaintiffs had filed an earlier suit CS (OS) No.

1912/2009 for partition and rendition of accounts. The suit was contested

and the written statements were filed by the defendants; however,

pursuant to an Oral Understanding/Settlement between the parties in the

year 2013, the plaintiffs agreed to not take any further action in the suit.

Consequently, the suit was dismissed on account of default and non-

prosecution vide Order dated 02.04.2013.

6.

Thereafter, this present suit has been filed in the year 2020 seeking

partition and rendition of accounts. The defendants in their Written

Statement have taken the same defence as in earlier suit, of there being

two registered Gift Deeds in favour of the defendants.