JUDGEMENT
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(1.)The present appeal is filed challenging the order dated May 24,2013 passed by the learned Single Judge whereby the application filed by defendant No.1/respondent No.1 under Order VII Rule 11 CPC, being IA No.13394/2011, was allowed and the plaint was rejected.
(2.)The appellants filed the suit seeking a decree for partition of properties B-11, Krishna Niwas, West End Colony, New Delhi and 245-A, Puran Nagar, Jammu (Tawi), Jammu and Kashmir and other connected reliefs.
(3.)It is averred in the plaint that the parties to the present suit are legal heirs of late Lt.Col.Dina Nath and late Smt.Krishna Thakur. Appellants are legal representatives of their deceased son late Major Puran Chander i.e. the son and widow. Respondents No.1 to 3 are the sons while respondents No.4 to 6 are the daughters of late Lt. Col.Dina Nath and Smt. Krishna Thakur. It is urged that late Lt.Col.Dina Nath from his own funds, funds received from the LIC Policy upon the demise of the father of appellant No.1 and funds received from sale of ancestral properties situated in District Poonch, Jammu and Kashmir constructed the aforesaid two immovable properties. The father of appellant No.1 and husband of appellant No.2 expired in 1965 in the Indo Pak conflict. Based on the above facts, it is averred that each of the respondent and the appellants have 1/7th share in the two properties and hence the suit for partition.
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