- (1.)The plaintiff has instituted the present suit pleading:
(i) that the plaintiff is the daughter of Bhai Sunder Dass who died on 27th October, 1963;

(ii) that Bhai Sunder Dass besides his wife Smt. Somawanti, had five sons and one daughter namely the plaintiff;

(iii) that Bhai Sunder Dass left his last Will dated 11th January, 1962 bequeathing all his properties in favour of his wife Smt. Somawanti;

(iv) that at the time of institution of the suit, the plaintiff and the defendants No.1 to 24 were heirs/heirs of heirs of Bhai Sunder Dass; Bhai Sunder Dass & Sardar Singh Pvt. Ltd. and Bhai Sunder Dass & Sons Co. Pvt. Ltd. being businesses commenced by Bhai Sunder Dass were impleaded as defendants No.25 & 26;

(v) that after the death of Smt. Somawanti in the year 1993, several Wills purportedly executed by her came to the fore but none of them has been probated by any Court and thus Smt. Somawanti is deemed to have died intestate and her estate was inherited by her Class-I heirs;

(vi) that the plaintiff has 1/6th share in the estate of Bhai Sunder Dass and late Smt. Somawanti;

(vii) that the plaintiff in September, 2007 received summons of CS(OS) No.1698/2007 filed by some of the heirs of heirs of Bhai Sunder Dass for partition, injunction and rendition of accounts and in which the plaintiff was arrayed as a defendant;

(viii) that in the plaint in the aforesaid suit reference was made to an Award dated 3rd May, 2005 of Justice (retired) P.K. Bahri in an arbitration proceeding for division between the heirs of Bhai Sunder Dass and it was also pleaded in the said plaint that the estate of Bhai Sunder Dass includes property No.9, Amrita Shergill Marg, New Delhi in which the plaintiff had relinquished her share;

(ix) that the plaintiff prior to the receipt of the summons in the aforesaid suit was unaware of any arbitration proceeding or any award therein;

(x) that the plaintiff has also not relinquished her share in any part of the estate of Bhai Sunder Dass or Smt. Somawanti;

(xi) that the arbitral award to the extent it decides or impinges on the rights and interests of the plaintiff in the estate of Bhai Sunder Dass and late Smt. Somawanti is void ab initio and a nullity having been passed in the absence of the plaintiff.

(2.)The plaintiff has thus instituted the present suit, (a) for declaration that the Award dated 3rd May, 2005 of Justice (retired) P.K. Bahri is a nullity, void ab-initio, ineffective and contrary to law; (b) for declaration that the plaintiff has 1/6th share in the estate of late Bhai Sunder Dass and late Smt. Somawanti as detailed in Schedule-B to the plaint; and, (c) for perpetual injunction restraining the defendants from selling, and/or alienating and/or creating any third party right, title or interest in the assets as mentioned in the Schedule-B to the plaint.
(3.)Summons of the suit and notice of the application for interim relief were issued on 15th July, 2008, though no interim relief granted.