( 1 ) THIS is a suit for partion and perpetual injuction filed by the plaintiff against the defendants in respect of Plot No. A-8/39, 352. 89 sq. yds. in Rana Partap Bagh, Delhi alongwith the entire building constructed thereon comprised of ground floor, Mazanine Floor, first floor and second floor (terrace ). A preliminary decree for right to enforce partion was passed on 10th July, 1989. On the same date Shri S. B. Vohra, then Dy. Registrar of this Court, was appointed Local Commissioner to demarcate the property and ascertain whether it could be divided by metes and bounds. Shri Vohra, the Local Commissioner submitted his report dated 28th November, 1989 wherein it was stated that it was possible to devide the property by mets and bounds in case the additions and alterations as suggested by the Architect in his report were approved.

( 2 ) AFTER the Local Commissioner had filed his report, the case came up for hearing on 16. 2. 90 when the plaintiff was present inperson and notice of the filing of the report of the Local Commissioner was issued to the defendants for 5th April, 1990. The defendants appeared on 5. 4. 90. Thereafter the defendants had been appearing till