JUDGMENT :

Yogesh Khanna, J.

This petition is against the impugned order dated 24.12.2018 whereby an application of the petitioners under Order XXII Rule 3 read with Section 151 CPC was dismissed.

2. The learned senior counsel for the petitioner alleged late Major (Retd) Bhim Raj Sharma was predecessor in interest and ancestor of the parties. Petitioner No.1 is widow daughter of late Major (Retd) Bhim Raj Sharma; petitioner No.2 is son of late Major (Retd) Bhim Raj Sharma; respondents No.1 to 3 are legal heirs of deceased Pradeep Sharma; and respondents No.4 & 5 of legal heirs of deceased Ramesh Sharma who were sons of late Major (Retd) Bhim Raj Sharma.

3. On 29.10.1962, late Major (Retd) Bhim Raj Sharma, as Karta of the family and out of the funds and income of ancestral property purchased a plot of land bearing no. R-263, Greater Kailash, Part-I, New Delhi - 110048 and constructed a house thereon (hereafter referred as "said property"). On 07.07.1983, partition suit was filed by late Major (Retd) Bhim Raj Sharma and his daughter Dr.Shanta Sharma in this Court being CS(OS) No.1100/1983 wherein the share of late Major (Retd) Bhim Raj Sharma, his wife and three sons were declared to be