JUDGMENT :

S.J. KATHAWALLA & VINAY JOSHI, JJ.

1. ADMIT. Heard finally with the consent of the Learned Counsels appearing for the respective parties.

2. The Appellants who are Plaintiffs in the Suit, have challenged the legality of the Order dated 14.01.2019 passed in Notice of Motion No. 2515/16 filed in Suit No. 187 of 1993 (“Impugned Order”), whereby the Learned Single Judge allowed the Notice of Motion, thereby rejecting the plaint against Defendant Nos. 4 to 6 for want of a cause of action under Order VII Rule 11(a) of the Code of Civil Procedure (“Code”).

For the sake of convenience, the Parties shall hereinafter be referred to as per their original status in the Suit i.e. the Appellants will be referred to as the Plaintiffs, Respondent Nos. 1 to 3 will be referred to as Defendant Nos. 1 to 3 and Respondent Nos. 4 to 6 will be referred to as Defendant Nos. 4 to 6.

3. The facts in brief are :

3.1. Defendant No.1 - M/s S.K. Trading Company, was a Partnership Firm in which Defendant Nos. 2 and 3 were Partners. Defendant No. 1 owns a property admeasuring 1714 square yards which is d