JUDGMENT

Valmiki J. Mehta, J. (Oral)

CM No. 284/2019 (Exemption)

1. Exemption allowed subject to just exceptions.

CM stands disposed of.

CM No. 283/2019 (Delay in Filing) & CM No. 285/2019 (Delay in Re-filing)

2. For the reasons stated in the applications, delays in filing and re-filing are condoned, subject to just exceptions.

CMs stand disposed of.

RFA No. 12/2019

3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 02.08.2018 by which the trial court has decided the preliminary issue against the appellant/plaintiff, and as per this decision on the preliminary issue, the suit filed by the appellant/plaintiff for declaration, partition, injunction, recovery of mesne profits etc. has been held to not be maintainable.

4. In sum and substance, the suit plaint claims right in the suit property bearing H. No. MD-69, Vishakha Enclave, Pitampura, Delhi situated on a plot ad measuring 287.5 sq. meters. Parties to the suit/this appeal are the children and widow of late Sh. Daya Chand Jain. The appellant/plaintiff and the respondent nos. 2 and 3/defendant nos. 2