PRADEEP NANDRAJOG, J.

( 1 ) THOUGH arguments were addressed by the parties on all the 3 captioned applications, counsel conceded that depending upon the decision in IA No. 5270/2005, other 2 applications be decided.

( 2 ) IA No. 5270/2005 has been filed by the defendant praying that the suit be dismissed as not maintainable. Order 7 Rule 11 CPC of the Code of civil Procedure has been invoked.

( 3 ) 3 grounds have been urged while invoking Order 7 Rule 11 of the code of Civil Procedure. The first is the unconditional withdrawal of CS (OS)No. 211/2003. The second ground urged is that in view of pendency of CS (OS)No. 2123/2003, second suit on the same cause is not maintainable. The 3rd plea is that the claim is barred by the limitation.

( 4 ) NEEDLESS to state, allegation under Order 7 Rule 11 CPC requires the court to treat each and every averment made in the plaint to be correct. However, pleadings in the plaint have to be read meaningfully.

( 5 ) MAHENDER Kumar Lamba (Plaintiff), Satender Prakash Lamba (Defendant), Jatender Prakash Lamba and Jogender Kumar Lamba are related to each other.

( 6 ) THEY appeared to have inherited enough wealth from their ancestors evidenced by the fact that they keep on litigating with each other on the same subject matter. Present suit is the 7th suit filed by the parties pertaining to the same subject matter,

( 7 ) AS disclosed in para 15 of the plaint, the 6 suits which were filed earlier, some of which are pending, are as under:-

'a. Suit No. 890/02 titled as "mahender Kumar Lamba v. Standard Chartered Bank", b. Suit No. 1153/02 titled as "jogender Kumar Lamba v. Standard Chartered Bank", c. Suit No. 1314/02, titled as "jatender Prkash Lamba v. Standard Chartered Bank", d. Suit No. 211/03, titled as "mahender Kumar Lamba v. Standard Chartered Bank", e. Suit No. 432/03, titled as "mahender Kumar Lamba v. Standard Chartered Bank". f. Suit No. 2123/03 titled as "jogender Kumar Lamba v. Satendar Prakash Lamba. "

( 8 ) ORIGIN of all suits may be noted.

( 9 ) PLAINTIFF, defendant, Jogender Kumar Lamba and Jatender Prakash lamba are co-owners of a commercial building bearing No. 2, Community center, Basant Lok, Vasant Vihar, New Delhi- 110057.

( 10 ) ALL 4 joined to execute a registered lease dated 29th March, 1996 with Standard Chartered Bank (here-in-after referred to as Bank) letting out the basement, ground floor and mezzanine floor of the property to the bank at a monthly rent of Rs. 3. 25 lacs. Lease was to commence from 1. 4. 1996. Initial duration of the lease was 3 years. It was extendable by 2 terms of 3 years each. In case of enhancement, the monthly lease rental would have increased to Rs. 4,06,250/- w. e. f. 1. 4. 1999 and Rs. 5,48,438/-w. e. f. 1. 4,2002.

( 11 ) AT the time of execution of the lease, a security deposit in sum of Rs. 18. 8 lacs was received. Security deposit was to be proportionately increased as and when lease would have been extended. It had to be increased to Rs. 23. 5 lacs if lease was extended w. e. f. 1. 4. 2002.

( 12 ) SIMULTANEOUSLY with the execution of the lease, a financial performance guarantee agreement was entered into between the 4 co-owners and the bank on 29th March, 1996.

( 13 ) AS per the said financial performance guarantee agreement the bank paid Rs. 2. 2 crores to the 4 co-owners. The agreement envisaged that if lease was renewed w. e. f. 1. 4. 1999, financial performance guarantee would be enhanced to Rs. 2. 75 crores and on the second renewal taking place the financial performance guarantee would stand enhanced to Rs. 3,71,25,000/ -. In other words sum of Rs. 55 lacs and Rs. 96. 25 lacs had to be credited to the account of the 4 co-owners as financial performance guarantee if first and second renewal respectively takes place.

( 14 ) THE financial performance guarantee agreement dated 29th March, 1996 mandated that the financial performance guarantee amount would be deposited by the bank in joint account of all co-owners bearing No. 015

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