(1.) This is a suit for partition, declaration and permanent injunction. The case of the plaintiffs is that they along with the defendants are the co-owners of the suit land, which is situated in revenue estate of village Bindapur in Delhi. The plaintiffs claim to be in joint physical possession of the suit property. This is also their case that their request to the defendants to either partition the suit property by metes and bounds or to sell the same and divide the sale proceeds has not been acceded to. The plaintiffs have accordingly sought partition, claiming half share in the suit land. They have also sought an injunction, restraining the defendants from committing waste or changing the character of the aforesaid land as also from selling, alienating or otherwise transferring the same.
(2.) IA No.19580/2011 has been filed by defendant No. 1 under Order 7 Rule 11 of the Code of Civil Procedure, seeking rejection of the plaint on two grounds. The first ground taken in the application is that the plaintiffs had filed Suit No. 09/1999, claiming injunction, but, did not claim the relief of partition in that suit and, therefore, the present suit for partition of the very same property, which was the subject matter of Suit No. 09/1999, is not maintainable being barred by Order 2 Rule 2 of the Code of Civil Procedure. The second plea taken in the application is that the suit is barred by limitation.
(3.) As regards the first contention, admittedly, the earlier suit filed by the plaintiffs was for grant of injunction. The following two reliefs were claimed in the previous suit:-