Manmohan Singh, J.

1. This is an appeal preferred by the appellants (Defendants in CS(OS) No1890/2006) against the order of the learned Single Judge dated 25th March, 2008 dismissing the application filed by the appellants being is No. 4827/2007 seeking rejection of plaint under Order 7, Rule 11 of the Civil Procedure Code (CPC).

2. Briefly stated the facts of the case are that Shri Sajjan Singh was lessee of shop No. 57, Khan Market, New Delhi, the Lesser being the Land & Development Officer (L&DO). Shri Sajjan Singh, executed a registered will dated 25th June, 1964 at Bangkok bequeathing the above said property in favor of his son Shri Avtar Singh Narula, appellant No. 1. Appellant No. 2, Surender Singh Manchanda is an attorney of appellant No. 1. Shri Sajjan Singh died on 11th April, 1966 and left behind two more sons and a daughter besides appellant No. 1/ Shri Avtar Singh Narula.

3. Appellant No. 2 on the basis of power of attorney entered into an agreement to sell dated 25th March, 2004 of property bearing Shop No. 57-B situated at Khan Market, New Delhi measuring 59.5 sq. yds. (hereinafter referred to as suit property) with the respondents for a sum of Rs. 50 lakhs,