G.S. Sistani, J.

I.A. Nos. 4433/2013 and 12308/2013 (both under S.151 of the Code by defendant no. 2 & defendant no. 1(i) to (iii) respectively)

1. Both these applications have been filed under Section 151 of the Code of Civil Procedure, 1908 (briefly the “Code”) seeking dismissal of the present suit.

2. As there are numerous parties to the present suit, for the ease of reference, I shall refer to the plaintiffs/Vidur Impex & Traders Pvt. Ltd. and its sister concerns as “Vidur”; defendant nos. 1 (i) to (iii), being the legal heirs of Late Sh. Pradeep Kumar Khanna, as “Khanna”; defendant no. 2/Tosh Apartments Pvt. Ltd. as “Tosh”; defendant no. 3(i) and (ii), being the legal heirs of Late Sh. L.K. Kaul, as “Kaul”; and defendant no. 4/Bhagwati Developers Pvt. Ltd. as “Bhagwati”.

3. During the pendency of this suit, Khanna and Tosh had preferred applications under Order VII Rule 11 of the Code, being I.A. No. 608/2013 and I.A. No. 2049/2013 respectively, seeking the rejection of the plaint. By an order dated 31.05.2013, the applications were allowed by this Court and the pl