1. This petition under Article 227 of the Constitution of India is directed against order dated 06.01.2010 of Additional Senior Civil Judge, Rohini District Courts, Delhi whereby he allowed an application under Order 6 Rule 17 CPC of the respondent.

2. The petitioners had filed a suit for declaration and permanent injunction against the respondent MCD on the averments that plaintiff No. 2 (petitioner No. 2 herein) is the owner of plot in Khasra No. 262, 258 & 217/4 in village Bharola, Delhi, but, the MCD was allowing some persons to use the same for marriage purposes. Declaration was sought to the effect that the MCD had no right or interest in this plot and so should be restrained from raising any construction thereon. The MCD had filed written statement stating to be running an Ayurvedic dispensary on the aforesaid plot for the welfare of the people. According to the MCD the suit plot was not identifiable as there was no property number and locality mentioned in the plaint and the site plan filed by the plaintiff was misleading. The MCD, however, while stating that the suit plot bears No.342, 343, 408 and 409, C-Block, Majlis Park, reserved its right to file