ANIL KUMAR, J.

( 1 ) THIS order will dispose of plaintiff?s applications under Order 39 Rule 1 and 2 and another application under Order XL Rule 1 read with Order XXXIX rules 1 and 2 and Section 151 of the Code of Civil Procedure and the application of the Defendant no. 2 under order VII Rule 11 and in the alternative under order 1 rle 10 of the Code of Civil Procedure.

( 2 ) THE plaintiff has filed a suit for specific performance in respect of flat No. GF-28, B-148, Statesman House, Barakhamba Road, New Delhi besides a suit for declaration and permanent injunction and for recovery of damages/mesne profits against the defendants. Plaintiff is the HUF, whose karta is Shri deepak Ansal. The Plaintiff contended that Shri Sushil Ansal, Gopal Ansal and shri Deepak Ansal are brothers. They, Ansal brothers, were jointly in the management and control of Ansal Group of Companies including Ansal Properties and Industries Limited, defendant No. 1, and he held majority share with his brother, Shri Gopal Ansal.

( 3 ) A family settlement was arrived at among the brothers with the object of giving separate ownership, management and control of companies to each brother and consequently, plainti