Rajiv Sahai Endlaw, J.

1. This intra-court appeal impugns the order dated 27th September, 2013 of the learned Single Judge of this Court (exercising ordinary original civil jurisdiction) of dismissal of application being IA No.742/2013 filed by the appellants under Order 7 Rule 11 of the CPC for rejection of the plaint in CS(OS) No.1982/2012 filed by the respondent.

2. Notice of the appeal was issued and vide ad interim order dated 17th December, 2013, the operation of the said order dated 27th September, 2013 was stayed and further proceedings in the suit also stayed.

3. We have heard the counsel for the appellants/defendants and the counsel for the respondent/plaintiff.

4. The respondent/plaintiff filed the suit wherefrom this appeal has arisen for recovery of Rs.1,37,97,000/-from the appellants/defendants jointly and severally, towards arrears of rent, damages for use and occupation of the premises/mesne profits, pleading:-

(i) that the respondent/plaintiff is the owner of shop and flat no.128, Sarojini Nagar, New Delhi;

(ii) that the appellants/defendants are the legal heirs of the brother of the respondent/plaintiff;

(iii) that the shop aforesaid was earlier in