VALMIKI J. MEHTA, J (ORAL)

1. On the first call, no one appeared for the plaintiffs and therefore the matter was passed over. On the second call, no one appears for the plaintiffs and counsels appearing for the defendant nos.1, 2 and 5 very vehemently oppose the adjournment as it is stated that plaintiffs are deliberately not appearing so as to avoid a decision in the suit which is barred by limitation and therefore issues do not have to be framed, and for which purpose the suit is listed today.

2. The subject suit is a suit for declaration, cancellation and permanent injunction by which the plaintiffs seek declaration and cancellation of sale deeds of different dates as also cancellation of a general power of attorney and a Will. The reliefs sought with respect to the documents can be understood from the prayer clause of the plaint and which prayer clause reads as under:-

“a. Pass the decree of declaration thereby declaring the following sale deed as null and void qua the share of Late Sh. Dharam Singh, plaintiff’s father:

i. Sale deed bearing Registration no.6188 A