( 1 ) THIS is an application by the plaintiff under Carder 39, Rule 4 and Section 151 of the Code of Civil Procedure for vacating the order dated May 20, 1994 passed on I. A. Nos. 2164,5144 and 6052 of 1990.

( 2 ). Brief facts which gave rise to the present application are as under: that the plaintiffs herein filed a suit bearing No. 2104/90 for declaration and permanent injunction, inter alia, to declare that the defendants herein or any other person who has derived right, title and interest trough them are not entitled to the use of the comnon passage in the premises bearing Nos. 7/1 and 7/2, Lancer Road, B. D. Estate, Delhi. Shri Khushal Chand Jain, predecessor-in-interest of the applicant herein was in occupation of the ground floor of the premises bearing No. 7/2, Lancer Road, B. D. Estate, Delhi, at the time of the institution of the suit. Defendant No. 1, Shri Khushal Chand Jain during the pendency of the aforesaid suit sold the said ground floor portion in his occupation to the applicant herein ( Shri Rajinder Kumar Gadodia) vide sale deed dated September 20, 1993. There is a mention in the said sale deed that there is a common passage and the same will remain