JUDGMENT :

YOGESH KHANNA, J.

1. This appeal is preferred by the appellant against an order dated 16.04.2004 passed by the learned Additional District Judge, Tis Hazari Courts, Delhi (hereinafter referred as the learned ‘Trial Court’) in CS No.147/06/1994 whereby the application under Order IX Rule 7 CPC filed by appellant was dismissed and also against the impugned judgment and preliminary decree dated 04.09.2008 passed by learned Trial Court in said suit.

2. Before coming to the impugned orders, let me state in brief the facts of the case.

3. The respondent No.1 had filed this suit for partition, possession and rendition of accounts with respect of the following properties:-

"(i) Constructed House No. IV/855, Bhola Nath Nagar, Shahdara, Delhi measuring 200 sq. yards;

(ii) Constructed House No. 131, Gali Ganga Ram, Chotta Bazar, Delhi measuring 34 sq. yards;

(iii) ½ share in the land measuring 2352 sq. yards comprising Khasra No.57 and 58, situated at Kabir Nagar, Baberpur, Shahdara, Delhi;

(iv) Agricultural land forming part of Khasra No.23/6/1 measuring 4 Bighas, situated at Village Deeg Tehsil Ballabhgarh, District Faridabad (Haryana);

(v) Fixed Deposit Receipts, bank balances and jewell