RAJIV SAHAI ENDLAW, J. 1. The suit though bears number of the year 2008 was instituted in 1991 in this court. On 20th September, 2001 the following preliminary issue was framed on the question of maintainability: “Whether in view of various preliminary objections taken by defendant No.1 in written statement to the suit of the plaintiff is liable to be dismissed?”

2. During the course of hearing on the preliminary issue on 15th December, 2005 it was felt by this court that it was necessary to direct the Supreme Court Co-operative House Building Society Limited, Niti Bagh to produce the complete file relating to plot No. B-100, Niti Bagh, New Delhi. Notice was accordingly directed to be issued to the said society. Thereafter on change in pecuniary jurisdiction, the suit was transferred to the District Court. The plaintiff applied for amendment of the plaint to enhance the valuation in the plaint for pecuniary jurisdiction and upon no objection from the only contesting defendant i.e., defendant No.1 (whose legal heirs had been substituted on 5th November, 2004) the application for amendment was allowed and consequently the suit transferred back to this court. The counsel for t