Vipin Sanghi, J.

1. The present second appeal under section 100 CPC is directed against the judgment dated 04.10.2006 and decree dated 13.11.2006 passed by the First Appellate Court, namely the learned Additional District Judge, Delhi in RCA No. 62/2005, whereby said first appeal under section 96 CPC preferred by the Appellant/Plaintiff has been dismissed, and the judgment and decree dated 31.03.2005 passed by the Trial Court, namely the learned Civil Judge, Delhi in Suit No. 208/02/93 affirmed.

2. The appellant/plaintiff filed the suit for partition and permanent injunction against the defendants in respect of property bearing no. D-394, Defence Colony, New Delhi. The suit had initially been filed against four defendants. Defendant No.1 is the real brother; defendants Nos. 2 & 3 are the half brothers, and; defendant No.4 is the mother of the plaintiff and defendant No.1, and step mother of defendant Nos. 2 & 3.

3. The claim of the plaintiff/ appellant emerging from the record is that late Sh. K.C. Buckshee was the husband of defendant No.4/Mrs. Shanti Buckshee and fat