Najmi Waziri, J.

1. This petition impugns an order dated 30th September, 2011 which dismissed the petitioner’s application under Order VII Rule 11 CPC seeking dismissal of the suit filed by the respondents No. 1 to 4. The latter had filed a suit seeking following declarations :

“(a) pass a decree declaring the plaintiffs being the legally wedded wife and children of the deceased Satpal, are the legal heirs of deceased Satpal and as such entitled to family pension and to compassionate appointment, gratuity and insurance amount and other benefits; and

(b) pass such order and further relief as the Court deems fit and proper in the interest of justice.”

In that suit for declaration, Central Water Commission, Government of India, and the present petitioner were arrayed as defendants No. 1 and 2, respectively. The petitioner also seeks quashing of the order dated 02.12.2011 whereby the Court proceeded to frame four issues. There is no order in the Court file staying the suit proceedings.

2. In that suit, the plaintiffs’ case was that her first husband Mr. Rajbir, who was employed with Central Water Commission as daily wager, had passed away on 26.10.1989. Three children i.e. plai