JUDGMENT

Anup Jairam Bhambhani J.

I.A.15951/2018 (Under Order VII Rule 11 CPC)

1. By way of the present application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (`CPC'), defendant No.2 seeks rejection of the plaint inter-alia on the grounds that the plaint does not disclose a cause of action and that it is also barred by law.

2. In the present suit, the plaintiffs have made the following prayers:

"(i) Pass a decree of declaration declaring that the property bearing No. F-61, Rajouri Garden, New Delhi is joint property of Plaintiffs and Defendants, both have 50% share each in the same.

(ii) Pass a decree of cancellation in favour of Plaintiffs and against Defendants thereby canceling the sale deed dated 27.03.1992 Registered in the office of Sub Registrar Delhi bearing registration No.18570, in Addl. Book No. I, Vol. No. 5686 on Page No. 109 to 122 registered on 27.03.1992 in the name of Defendant No.2.

(iii) Appoint a Local Commissioner with directions to suggest the mode of partition bearing No.F-61, Rajouri Garden, New Delhi by metes and bounds and to submit a report before this Hon'ble Court thereby declaring the share of the Plaintiffs in the same whereupon,