J U D G M E N T

CHANDRA DHARI SINGH, J.

1. The instant revision petition is preferred against the stay of the partition suit under Section 10 of the Civil Procedure Code, 1908 (‘CPC’ hereinafter) granted by the learned Trial Court, wherein the Court had stayed the suit for partition filed by the petitioner in New Delhi vide order dated 31st august, 2019.

FACTUAL MATRIX

2. The petitioner is the daughter of late Shri Brajbihari Prasad (‘the deceased’ hereinafter) who died intestate on 13th June, 1998. The C.R.P. 235/2019 Page 1 of 33 Signature Not Verified Digitally Signed By:SARIKA respondent no. 1 is the wife of the deceased and the other respondents are the children of the deceased.

3. The respondent no. 5, son of the deceased filed a suit for partition bearing no. 71/2018 (‘Bihar Suit’ hereinafter) on 28th February, 2018 in Bihar before the Motihari District Court for apportioning the properties of the estate located only in Bihar.

4. Subsequently, the petitioner, i.e., the plaintiff before the learned Court below, filed a suit for partition before the Tis Hazari Court, New Delhi, bearing Civil Suit No. 876/2018 (‘New Delhi’ Suit hereinafter) on 14th March, 2018 seeking partition of th