Initially order dated 26.06.2007 passed in Title Suit No. 33 of 2003 by which the application under Order VII Rule 11 and Order XXIII Rule 3, 3-A C.P.C read with Section 151 C.P.C was rejected, this writ petition was filed. After filing of this writ petition I.A. No. 2758 of 2007 was filed by the petitioners seeking amendment in the writ petition for incorporating challenge to order dated 19.06.2004 by which the defendant nos. 1, 2 and 5 were debarred from filing written statement. I.A. No. 2758 of 2007 was allowed on 11.09.2012.

2. Title Suit No. 33 of 2003 was instituted by Smt. Khokhani Devi for a decree of declaration that preliminary and final decrees passed in Title Suit No. 29 of 1984 were forged, fabricated, fraudulent as well as void, illegal and inoperative, not binding on her. A decree of partition for plaintiff's half share in the schedule “D” property and a decree of declaration of plaintiff's right, title and interest over schedule “CI” properties are the reliefs sought by the plaintiff. In the pending suit, the defendants appeared on 03.12.2003 and by an order dated 19.06.2004 defendant nos. 1, 2 and 5 were debarred from filing written statement. In the mean