1. The present appeal filed by the appellant/plaintiff Dr. Abdul Wasi under Section 96 of CPC, arises out of the judgment and decree dated 3/8/2011 passed by the Additional District Judge No.9, Jaipur Metropolitan (hereinafter referred to as 'the Trial Court') in Civil Suit No.02/11(589/11), whereby the Trial Court has allowed the application filed by the respondent No.21/defendant No.21 under Order VII, Rule 11 of CPC read with Section 151 of CPC by rejecting the plaint, and dismissing the suit of the appellant/plaintiff.

2. The short facts, giving rise to the present appeal, are that the appellant/plaintiff is the son of the respondent No.5/defendant No.5, Shri Abdul Sami. According to the appellant/plaintiff, the common ancestor late Shri Abdul Samad, of the appellant/plaintiff, and of the respondent/defendant Nos.1 to 20 and 22 to 30, was the owner of the suit property situated at Tilak Nagar, Jaipur, as described in para 2 of the plaint. The said Abdul Samad expired in 1983 leaving behind the defendant Nos.1 to 5 who were his sons and the defendant Nos.6 to 8 who were his daugthers. The appellant/plaintiff therefore filed the suit being No.2/2011 (589 of 2011) before t