Rohit Arya, J.—Defendant/petitioner by this petition under Article 227 of the Constitution of India has questioned the legality, validity and propriety of order dated 4.1.2013 passed in Civil Suit No. 16A/2012 by 14th Additional District Judge, Gwalior. By the aforesaid order, defendant’s application under Order VII, Rule II, C.P.C. has been rejected.

2. Facts necessary for disposal of this petition are to the effect that plaintiffs have filed a suit for declaration and permanent injunction inter alia contending that plaintiffs No.2 and 3 are sons of plaintiff No.1 and thus are members of one family. They owned agricultural land ad- measuring 0.303 hectare falling in survey No. 301 in village Gudha Lashkar, Gwalior. An area of 0.177 hectare has already been sold and remaining area of 0.126 hectare is in possession of plaintiffs: whereupon, they have constructed a residential house with boundary wall. In the plaint para 2, it has been pleaded that defendant No. 1 in collusion with some persons has prepared forged documents dated 12.1.2012 in relation to the suit land and on strength thereof since have tried to dispossess the plaintiffs, instant suit was filed for declaration