JUDGMENT

Mukta Gupta, J. Aggrieved by the order dated 5th April, 2014 whereby the application of the Petitioner under Order 7 Rule 11 CPC was dismissed, the Petitioner prefers the present petition.

2. The Respondent No.1 filed Suit No.40456/2011 before the District Judge, Tis Hazari titled as `Man Mohan Gupta vs. Smt. Shakuntala Gupta and others' praying for a decree of declaration that the order dated 29th October, 2010 passed by the learned ARC in Eviction Petition No.E-652/2009 and 653/2009 and order dated 5th July, 2011 in Execution Petition being Ex.No.73/2010 and Ex.No.74/2010 are non-est, null, void, unoperational and inconsequential, further for declaration that the Respondents/Plaintiff is the lawful occupant of the ground floor and first floor of the property admeasuring 80 sq. yards (in shot `the suit property') out of Plot No.3430-31, Gali Bajrang Bali, Bazar Sita Ram, Delhi and a decree for recovery of possession and permanent injunction.

3. In the plaint, Respondent No. 1 pleaded that the Respondent was an occupant of the property falling under the control of Defendant Nos. 2 and 3, that is, Union of India and custodian of evacuee property as tenants by virtue of