INDERMEET KAUR, J.

1. The application filed by defendant No.2/Indian City Properties Limited (hereinafter referred to as the ‘appellant’) under Order 7 Rule 11 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) has been dismissed by the impugned order.

2. The present suit was a suit for declaration, possession, permanent and mandatory injunction. It was filed on behalf of three plaintiffs i.e. the two children and the widow of late C.P. Singh.

3. The case as set up by the plaintiffs is that late Sh. C.P. Singh was the owner of property No. 124, Queens Way now known as 124, Janpath, New Delhi (hereinafter referred to as the ‘suit property’). He remained the owner and in possession of the suit property till his death on 31.12.1984. The plaintiffs are the surviving legal heirs of deceased and have inherited all rights, title and interest of late C.P. Singh (who had died intestate) including the suit property. It was only around 22-23.07.1994 that the plaintiffs were informed by one of their lawyers handling their legal matters that there was some case relating to their father and the NDMC pending in the High Court which led to inquiries to be made by the