Mrs. Rekha Mittal, J.: - This order will dispose of CR No.7845 and 7855 of 2016 as common questions of law and fact are involved for adjudication. For the sake of convenience, facts are taken from CR No.7845 of 2016.

2. The sole submission made by counsel for the petitioner is that as the application for final decree came to be dismissed by the trial Court under Order 9 Rule 2 of the Code of Civil Procedure (in short ‘CPC’) for want of deposit of publication charges by the respondent/applicant, application filed under Section 151 CPC for issuing notice to all the respondents is not maintainable in view of specific remedy provided under Order 9 Rule 4 CPC. It is further submitted that in the application filed by the respondent/applicant, no explanation much less tangible one has been offered with regard to failure of the respondent to deposit the publication fee at an appropriate stage of the proceedings, therefore, the impugned order cannot be allowed to sustain.

3. I have heard counsel for the petitioner, perused the paperbook particularly the various annexures including the order impugned.

4. Saroj Sareen filed a suit for separate possession by way of partition to the ext