JUDGMENT

I.A. 46721/2024 (UNDER ORDER VII RULE 11 OF CPC FOR REJECTION OF THE PLAINT)

1. The instant application is filed by the defendants herein under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (CPC), seeking rejection of the plaint on the ground that no cause of action is disclosed therein.

2. The present civil suit has been filed by the plaintiff against her father, Sh. Rakesh Jain arrayed as defendant no. 1 herein, and her paternal aunt, Smt. Neena Jain arrayed as defendant no. 2, seeking partition of the property bearing number C4F/196, Pankha Road, Janakpuri, New Delhi-110058 (‘suit property‟). The case set up in the plaint is that the suit property was purchased by late Sh Pawan Kumar Jain, the paternal grandfather of the plaintiff, sometime in the years 1972-1973, thereby acquiring absolute rights and title over the same. Late Sh. Pawan Kumar Jain is stated to have passed away intestate, on 26.06.1994, leaving behind his widow, late Smt. Sudarshan Jain and children, Sh. Rakesh Jain and Smt. Neena Jain as his legal heirs. Late Smt. Sudarshan Jain, the paternal grandmother of the plaintiff is also stated to have passed away intestate on 19.01.2023. The family tre