P.K. Bhasin, J.

This order shall dispose of I.A.No. 1659/2004 under Section 151 of the Code of Civil Procedure, 1973 (‘CPC’) as well as I.A.No. 1660/2004 under Section 152 read with Sections 151 and 153 CPC filed by the plaintiffs in their suit for partition which stood finally disposed of on 18th December, 2003.

The facts which are relevant for the disposal of these two applications, both of which can be conveniently disposed of by a common order, are that a suit for partition in respect of property No.F-12 & 13, Connaught Place, New Delhi was filed by three persons namely, Shri Kishan Chand Dass, his wife Smt. Saroj Dass(since dead) and their son Shri Rahul Dass against M/s Kuoni Travel (India) Ltd. These plaintiffs had claimed that they were owners of 50% undivided share in the aforesaid property and the other 50% undivided share was owned by M/s Sita World Travels (India) Limited, which Company subsequently came to be taken over by M/s Kuoni Travel (India) Limited, the defendant in the suit. The prayers made in the plaint are reproduced below :-

“i) pass a preliminary decree for partition in favour of the plaintiffs against the defendant holding that the plaintiffs being