JUDGMENT :

Chandra Dhari Singh, J.

1. The instant Regular First Appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908, (hereinafter “CPC”) has been filed on behalf of the appellant institution, seeking the following reliefs:-

“a. Set aside the order/judgment dated 14.11.2011 passed by Sh. O.P. Gupta District Judge-cum ASJ - Incharge (West)/ ARCT Delhi in suit no. 652A/2011 (Old Suit No. 2498/1995).

b. Allow the prayers as made in the suit before the Ld. trial court.

c. Pass such order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”

2. A perusal of the record unravels the following facts that have culminated into the controversy which falls for consideration before this Court :

a. The appellant is a Society which is formed with an objective to establish, maintain, manage, control, and run a Medical Research Centre registered under the Societies Registration Act, 1860 in the year 1977. Two brothers J.C. Khosla and K.C. Khosla decided to set up the institute to establish, maintain, manage, control, and run Medical Research Centre in various systems of medicines to render medical aid/relief for the said purpose and t