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DELHI HIGH COURT
MINI PUSHKARNA
Ashok Kumar – Appellant
Versus
Munni Devi – Respondent


JUDGMENT

Mini Pushkarna, J.

I.A. 7866/2019 [under Order VI Rule 7, Order VI Rule 16 read with Section 151 of CPC for striking out the pleading (written statement) and to return the written statement filed by the defendant]

1. This application has been filed on behalf of the plaintiffs with prayer for returning back the written statement filed by the defendant No.3 and calling upon the defendant No.3 to file fresh written statement.

2. It is the case of the plaintiffs that the present suit was filed for declaration and permanent injunction initially before ld. District Judge, Delhi. The defendants herein had filed their respective written statements. Subsequently vide order dated 17.05.2003, ld. ADJ had framed issues, including Preliminary Issue no.1 which read as under:

    "Whether the present suit is barred by the provisions of the Delhi Land Reforms Act, as alleged in the written statement? OPD"

3. The suit of the plaintiffs was dismissed vide order dated 17.05.2003. Against the said order, the plaintiffs filed appeal before this Court, being RFA (C) No. 621/2003. By order dated 05.03.2012, the appeal filed by the present plaintiffs was allowed by this Court, and the present s

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