( 1 ) THE plaintiff has filed this suit for declaration and injunction. The declaration sought by the plaintiff was that by virtue of anagreement dated 30th March, 1987 no right in favour of defendant No. 1 has been created in plot No. B-30, Ram Prashtha Colony, Maharajpur, Uttar Pradesh, measuring 555. 50 sq. yds. Injunction was also claimed in respect of the same plot of land in District Ghaziabad. Byjudgment dated 3rd May, 1995 this Court held that as the property in suit for which the declaration was claimed was beyond the territorial jurisdiction of this Court, the Court did not have the jurisdiction to decide the matter and the plaint was, accordingly, returned for presentation in proper Court. Against the judgment of the learned Single Judge, the plaintiff filed an appeal before the Division Bench and on 26th May, 1995 the plaintiff after some arguments made a statement before the Court that he would delete the relief sought for in respect of the property in Ghaziabad so as to remove the hurdle created by Section 16 of the Code of Civil Procedure. In view of the statement of learned Counsel for the plaintiff, the appeal was disposed of permitting the plaintiff t