Rajiv Sahai Endlaw, J.;-

1. The revision petition under section 115 of the CPC and the FAO under Order 43 rule 1(r) of the CPC arise from the orders in the same suit, disposing of the applications under Order 39 Rules 1 and 2, Order 39 Rule 4 and Order 7 Rule 11 of the CPC.

2. The suit from which these petition and appeal have arisen was instituted by Shri Ashok Manchanda hereinafter referred to as the plaintiff against Shri Vijay Manchanda and Smt Poonam Manchanda hereinafter referred to as the defendants. The suit was instituted for cancellation of sale deed dated 10th August, 2000 executed by the defendant No.1 Shri Vijay Manchanda in favour of the defendant No.2 Smt Poonam Manchanda with respect to the property No.699, first floor, double storey, New Rajinder Nagar, New Delhi. It is, inter alia, the case of the plaintiff in the plaint that the plaintiff and the defendant No.1 are brothers; the defendant No.2 is the wife of the defendant No.1; that the plaintiff and the defendant No.2 had vide agreement dated 17th August, 1993 agreed to purchase the aforesaid property from one Smt Usha Sachdev and had paid the entire sale consideration to the said Smt Usha Sachdev and the property

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