Hima Kohli, J.;—

1. The present application has been filed by the defendants No.11 and 12 under Order VII Rule 11 CPC, praying inter alia for rejection of the accompanying suit instituted by the plaintiff for declaration, partition, possession and permanent injunction in respect of property bearing municipal No.1112, Chatta Madan, Gopal Maliwara, Chandani Chowk, Delhi, or in the alternative, for recovery of Rs. 50 lacs alongwith interest, on the ground that the plaintiff does not have a legal right to institute the said suit during the lifetime of his father, i.e., defendant No.1 and that he is not entitled to challenge the sale of the suit property by the defendants No.1 to 9 in favour of the defendants No.11 and 12.

2. The plaintiff has filed the accompanying suit on the allegation that the suit premises was originally owned by late Shri Laxmi Narain Johri, who had three sons, i.e., Shri K.K. Johri, Shri P.P. Johri and Shri Baldev Prasad Johri. The plaintiff is the great grandson of late Shri Laxmi Narain Johri, who had expired on 27.08.1972, the grandson of late Shri K.K. Johri, who had expired on 29.10.1985 and the son of Mr. Deepak Johri, defendant No.1 herein. As per