J U D G M E N T

NEENA BANSAL KRISHNA, J I.A. 12452/2020 & I.A. 12460/2020

1. The two applications under Order VII Rule 11 CPC read with Order XII Rule 6 and Order VI Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) have been filed on behalf of the defendant No.1/Mr. Rakesh Kapur (father of the plaintiff) and by defendant No.2/Mr. Ravi Kapur (brother of defendant No. 1 and defendant No. 3), and Ms. Ritu Kapur/ mother of defendant Nos. 1 and 2 (paternal grandmother of the plaintiff) respectively for rejection of the Partition Suit filed by the plaintiff, claiming a share in the property of her father/defendant no.1 by claiming it to be HUF property in which she has a share being a coparcener.

2. The plaintiff through her mother/Ms. Sapna Kapur (estranged wife of defendant No.1), has filed the present Suit for Partition against the defendants on the assertion that all the parties to the suit constituted a joint family/Hindu Undivided Family (HUF) under Mitakshara law by virtue of them living and working jointly, and the suit properties so acquired constitute joint family properties owned by HUF of late Major K.C. Kapur comprising of defendant Nos. 1, 2 and