JUDGMENT :

JYOTSNA REWAL DUA, J.

1. An application for rejection of plaint moved at the stage of arguments by the defendants under Order 7 Rule 11 of the Code of Civil Procedure (in short O7 R11 CPC) has been turned down by the learned trial Court. Aggrieved, the defendants have filed instant petition.

2. Facts

2(i) A civil suit bearing No. 100/2004 was filed by the respondent for declaration to the effect that he was owner of the suit land. Various other reliefs were also prayed including permanent injunction for restraining the defendants from proclaiming any right, title or interest over the suit land. Further relief of possession by way of demolition of structure of petrol pump over the suit land was also prayed. Another prayer for recovery of rent and damages was also made. The cause title of the plaint reflected the plaintiff as son of Shri Harnam Singh Pathania.

2(ii) Written statement on behalf of the defendants was filed in the year 2004 itself, contesting the suit on various grounds available to them. It was also pleaded in the written statement that the plaintiff is son of General Anant Singh Pathania, who never gave the plaintiff in adoption to Shri Harnam Singh Pathania. La