Manmohan Singh, J.

1. The petitioner has assailed the order dated 28th March, 2012 whereby the application filed by the petitioner for treating the suit, being Suit No.29/2011 in continuation of the old suit and hearing the said suit from the stage of final arguments and adjudicate upon the remaining issues framed in Suit No.770/2007 was dismissed.

2. The petitioner filed a suit for recovery of possession as well as injunction against the respondents/defendants (Suit No. 770/1993). Circumstances that led to the suit are as follows:

i. That petitioner is the owner of property “MIG DDA Flat bearing No.3, Pkt D Phase II, Mayur Vihar, Delhi, situated on 2nd floor” (hereinafter referred to as the “said property”) having purchased the same from Shri Ashok Kumar Kaushal and all relevant documents were executed in favor of petitioner and same is duly registered.

ii. Due to some urgent need of money the petitioner approached Shri Rakesh Chopra (respondent No.5) for a sum of Rs. 1,00,000/- against a mortgage of the said property and handed over the documents thereof. Thereafter when the petitioner went to Shri Rakesh Chopra to recover the property papers, he refused to return them and