( 1 ) THIS appeal by the plaintiff-appellant is directed against the order dated January 3, 1996, of a learned Single Judge dismissing I. As. No. 6035/ 93 filed under Order XXXIX Rules 1 and 2 and Order XL Rule 1 read with Section 151, CPC and I. A. No. 4580/95 moved under Order XL Rule I and Section 151, Civil Procedure Code in Suit No. 1413/93.

( 2 ) THE suit out of which the present appeal arises was filed inter alia, on the allegations that defendant-respondent No. 1 is the father of the appeallant and defendants-respondents 2-4 and they constituted a Hindu undivided family. HUF owns and possesses ancestral properties mentioned in the schedule annexed to the plaint and the appellant and the respondents have l/5th share each therein. Amongst the ancestral properties is the land comprised in Khasra No. 102/2, measuring 1 bigha at Raj Pur Chhawani, Delhi. It is alleged that in the first instance appellant took agency of Burmashell (lateranmed as Bharat Petroleum) and started running a petrol pump on that land. Later on, respondent No. 1 joined the appellant. After some time resondent No. 1 dropped the appellant and joined respondent No. 2 in the business. Later on, resp