Manmohan Singh, J.

1. By this common order, I propose to decide two applications under Order VII Rule 11 CPC, being I.A. No. 13610/2010 in CS(OS) No. 2491/2009 and I.A. No. 9402/2010 in CS(OS) No. 163/2010, for rejection of plaints. As the points involved in both the matters are same, thus the common order is being passed.

2. The plaintiffs in both the matters have filed the suits for declaration, partition, rendition of accounts, perpetual and mandatory injunction, who are seeking the following reliefs:

Prayers in CS(OS) No. 2491/2009 & 163/2010

(a)

To pass a decree of declaration simplicitor thereby declaring that the judgment/ decree /declaration dated 15.1.1976 passed in Suit No. 12/75 (titled as Shri Sailendra Nath Basu and Ors. v. Shri Birendra Nath Basu and others) passed by Shri H.K.S. Malik, Addl. District Judge, Delhi, null and void and nonest qua the plaintiffs and defendant No. 10 herein;

(b)

pass a preliminary decree of partition of the suit property to the extent of the l/8th share of the plaintiffs and defendants No. 10 herein and their, inter-se, shares as to be determined by this Hon'ble Court and thereafter pass a final decree after appointing Local Commission for partit