J U D G M E N T

MANMEET PRITAM SINGH ARORA, J:

I.A. 9482/2024 in CS(OS) 148/2023 (Application on behalf of defendant no. 1 under Order VII Rule 11 CPC for rejection of the plaint)

1. The present application has been filed by defendant no. 1 under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC), seeking rejection of the plaint on the following grounds among others: (i) lack of cause of action; (ii) reliefs claimed in the plaint are undervalued; and (ii) insufficient court fee has been paid by the plaintiff.

2. The captioned suit has been filed for partition and injunction with respect to the property bearing no. M-111, Saket, New Delhi-110017 along Signature Not Verified Digitally Signed CS(OS) 148/2023 Page 1 of 11 with its superstructure1, standing on a plot of land admeasuring 167 sq. mts. (‘suit property’) owned by late Sh. Chander Bhan, who was the father of the parties herein.

3. The plaintiff has filed the suit for partition on the plea that late Sh. Chander Bhan died intestate on 05.02.2023. Plaintiff and defendant nos. 1 to 4 are children of late Sh. Chander Bhan and thus, his Class-I legal heirs as per Hindu Succession Act, 1956 . Plaintiff claims 1/5th share in