$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 191/2023 & I.A. 5503/2023, I.A. 5505/2023, I.A.

21774/2023, I.A. 3875/2025, O.A. 125/2023 ANIL KUMAR VOHRA & ORS. .....Plaintiffs Through: Mr. Shivam Goel, Ms. Ramya S.

Goel, Ms. Sanya Sharma, Advs. along with Plaintiff No.1 in person versus RADHIKA JAIN & ORS. .....Defendants Through: Dr. Arun Mohan, Sr. Adv with Mr.

Arvind Bhatt, Ms. Swastika Singh and Ms. Ritika Choubey Advocates for D-1.

Mr. Avneesh Garg, Adv. For D-4 to 6 CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 02.02.2026 I.A. 3875/2025

1. This is an application on behalf of Defendant No.1 under Order VII Rule 11 of the CPC for rejection of the plaint.

2. The present suit is one for partition of assets of Late Ram Sarup Vohra & Sons (Hindu Undivided Family) consisting of the property bearing No. 65/11, New Rohtak Road, Karol Bagh, Delhi-110005 (hereinafter referred to as the “Suit Property”). There are other prayers for injunction and damages also.

3. The averments in the plaint indicate that the patriarch of the family, Mr. Ram Sarup Vohra and his wife Mrs. Gomti Devi Vohra had 12 children. The parties to the Suit are children and the grandchildren of Late Ram Sarup Vohra.

4. It is stated in the plaint that Late Ram Sarup Vohra, who was born in 1902, was in Government service and later on conferred with the title of „Rai Sahib‟ on 01.01.1946 by the then-Viceroy of India. At the time of retirement, he held the post of Deputy Secretary, Ministry of Defence, Government of India and had substantial earnings and savings.

5. It is stated that in the year 1958, Late Ram Sarup Vohra retired from service and decided to purchase a property from his own funds and constitute an HUF as well. He then came to purchase the Suit Property. It is stated that though the entire funding of the Suit Property was made by Late Ram Sarup Vohra, a Sale Deed dated 21.03.1958 was also executed by him in the name of his two sons, namely, Late Guru Swarup Vohra and Late Anand Swarup Vohra.

6. The Suit Property was purchased for a consideration of Rs.60,000/-, while certain further expenses of about Rs.4,000/- were incurred in transfer by way of stamp duty, registration, legal expenses, etc. It is specifically averred in the plaint that at the time of purchasing the Suit Property, his two sons were not in a position to purchase the Suit Property from their own funds. The status of each of the children of Late Ram Sarup Vohra at the time of purchase of the Suit Property has been stated in the plaint.

7. It is stated in the plaint that at around the time when the Suit Property was purchased, Late Ram Sarup Vohra executed a Declaration dated 30.03.1958 on his letterhead, categorically declaring that the Suit Property has been purchased by the HUF. The said Declaration has been filed along with the Plaint, and reads as under:-

“I declare as under:

1. That property bearing No.11/65 New Rohtak Road New Delhi-5 was purchased by the Hindu Undivided Family, Ram Saraup Vohra & Sons in March 1958.

2. That though the property stands jointly in the name of my sons i.e. Sarvashri G.S.Vohra and Shri A.S. Vohra's name, in fact, the money for purchase of this property was paid by me out of the common H U.F. Funds. I being the Karta of H.U.F. comprising myself and my sons Shri G.S. Vohra, Shri A.S. Vohra, Shri P.S. Vohra and Shri N.S. Vohra, Shri I.J. Vohra, Shri D.R. Vohra, A.K Vohra, Shri V.K. Vohra, Shri Anil Kumar Vohra & Shri S.K Vohra.”

8. It is further stated that at the request of Late Ram Sarup Vohra, one brother, i.e., Late Anand Swarup Vohra, in whose name the Suit Property was purchased, also made a Declaration dated 15.05.1958, stating that the Suit Property has been purchased by the patriarch Late Ram Sarup Vohra. The said Declaration has also been filed along with the documents, which reads as under:-

“I, Anand Sarup Vohra S/o Shri Ram Sarup Vohra R/o 11/65 New Rohtak Road, New Delhi-5 do hereby declare and confirm as under:-

1. That property No. 11/