ORDER

% 26.02.2024

1. This hearing has been done through hybrid mode.

I.A. 16964/2022 (u/O VII Rule 11 CPC) in CS(OS) 397/2022

2. After some hearing, Mr. Lall, ld. Senior Counsel under instructions submits that he would like to withdraw the application under Order VII Rule 11 subject to issues being framed in respect of the grounds raised in the said Order VII Rule 11 application. Accordingly, the following issues are framed:

i) Whether the Defendant No.1 was given any rights in the suit property except qua the first floor and if so, to what extent and what effect by the two gift deeds dated 25th October, 1976 and 1st November, 1995? OPD ii) Whether the suit has been properly valued and proper court fee has been paid? OPD iii) Whether the suit is barred by limitation? OPD

3. The undertaking of the Plaintiff is recorded to the effect that if the Court finds that further court fee is required to be paid, the same shall be paid as per directions that may be issued.

I.A. 7100/2023 (for delay) in CS(OS) 397/2022

4. This is an application filed by the Defendant No.5-Municipal Corporation of Delhi seeking condonation of delay in filing the written statement.

5. The MCD has filed its wr