Shiv Narayan Dhingra, J.

1. The present petition under Article 227 of the Constitution of India has been preferred by the petitioner against an order dated 22nd April, 2006 whereby the learned Civil Judge dismissed an application under Order XII Rule 6 CPC for passing a decree of dismissal of the suit on the basis of admissions made by the plaintiff (respondent herein) Dr. B.D. Kumar (since deceased, now being represented by his Lrs).

2. The brief facts relevant for the purpose of deciding the present petition are that Dr. B.D. Kumar filed a suit for declaration with a prayer that he should be declared exclusive owner and in possession of a plot bearing number 6 and 7, in Block No. 6, Industrial Area, Kirti Nagar, Delhi. His contention was that vide a sale deed dated 10th June, 1960, he purchased these plots and the mutation of the plot was done in his name. After purchasing these plots, plaintiff with his brother and family members decided to start a family business in partnership with each other on these two plots and plaintiff and other partners agreed to have a building constructed on these two plots for running a rolling flour mill business in the name of Kumar Rolling F