KAILASH GAMBHIR, J.

1. By this order I propose to dispose of the application filed by the plaintiff under Order 39 Rule 1 and 2 read with Section 151 CPC and application filed by defendant No. 1 under Order 39 Rule 4 read with Section 151 CPC.

2. Before I deal with the rival contentions raised by the counsel for the parties, it would be necessary to give a brief narration of the facts as set out by the plaintiff in the plaint. The plaintiff, Bharat Petroleum Corporation Ltd., a public sector oil company, is engaged in refilling of crude oil and marketing of various petroleum products including Aviation Turbine Fuel (ATF) which is supplied to the aircrafts of various airlines landing and taking off from the Terminal-1 (only Domestic) of Delhi Airport. The business of storing and supplying ATF to the aircrafts at Delhi Airport commenced some time in the year 1950 by the predecessor-in-interest of the plaintiff i.e. Burmah Shell Oil Storage and Distributing Company of India Ltd. which had then installed underground storage tanks, constructed building/structure and had also placed other facilities including bowsers for supply of fuel into aircraft at the Delhi Airport. Afte