1. By this application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC), the defendant prays for rejection of the suit plaint on the ground that, out of the properties of which partition is sought, the property which is situated in Delhi is governed by the Delhi Land Reforms Act, 1954 and hence the suit is barred under Section 185 of the Delhi Land Reforms Act. With respect to the other properties which are agricultural lands in Punjab, a similar provision in the Punjab Land Revenue Act, 1887 is relied upon. It is further pleaded in the application that as per Section 16 CPC, a suit for immovable property which is not situated at Delhi will not lie in Delhi. It is also argued that defendant has already filed a suit against the plaintiff which is filed in the competent Court at Punjab and hence this suit cannot continue.

2. The provision of Order 7 Rule 11 CPC no doubt can be invoked at any stage, but, I find the facts of the present case are not fit for invoking the provision of Order 7 Rule 11 CPC for various reasons.

3. One reason is that issues in the present case were framed about a year back on 30.1.2015 and thereafter parties had to lead evidence but conv