Kuldip Singh, J.-The defendants No.1, 4 and 5 have filed this petition in which they have assailed order dated 13.3.2009 passed by the learned Civil Judge (Jr.Division), Dehra rejecting the application of defendants No.1 and 4 to strike out the counter claim of defendant 3. The petitioners No.1 to 3 were defendants No.1, 4, 5 respectively in the suit. The respondents No.1 to 3 were plaintiff, defendants No.2, 3 respectively in the suit.

2. The plaintiff had filed a suit for declaration that he and defendants No. 2 to 4 are joint owners in possession of the suit property in equal shares and are entitled to remain as such in equal shares. The entries in remarks column showing defendant No.1 as owner of the same on the basis of mutation of inheritance No. 389, 538 and 377 are liable to be set-aside. The land comprised in khasra No. 263 measuring 0-00-50 Hects. Vide jamabandi 1999-2000 situated at Mohal and Mauza Dhaliara and the shop situated thereon is owned and possessed by the plaintiff and defendants 2, 3 in equal share. The land comprised in Khasra Nos. 635, 666, 667,668, 1517/680, 671, 672, 673, 724, measuring 0-25-11 Hects. vide jamabandi 2003-04 in Mohal Gharthedu, M