( 1 ) THIS older wiii also dispose of I. A. 1365 of 1986 in Suit No. 450 ofj986 filed by Rear Admiral KLshi Raj Sood (thfi plaintiff in the other suit ).

( 2 ) THE facts giving rise to this application (J. A. 1367186) and 7. A. No. 1365186 (the other I. A.) in Suit No. 450186 (the other suit) are that Suit. Vijay Sriyastava (the plaintiff) had filed this suit on 25th February 1986 in this High Court and on the same day, the plaintiff in the other suit filed the other suit in this court. The cases set up by the plaintiffs in these suits arc as under :

( 3 ) M/s. Miranul Enterprises (the defendant No. 1) is a partnership firm with Shri S. B. Kishore (defendant No. 2) as its managing partner and Smt. Kusum Kishore wife of Shri S. B. Kishore, Shri Rahul Kishore son of Shri S. B. Kishore and M/s. Simira Kishore daughter of Shri S. B. Kishore (hereinafter to be referred as defendants No. 3 to 5 respectively) are its other partners. Defendant No. I was engaged in the business of promotors and builders of multistoreyed residential flats in the name and style of "mirahul Enterprises . In the course of the said business, the defendants promoted the construction of multistore