ASHOK KUMAR Vs. MUNNI DEVI

JUDGEMENT

(1.) This application has been filed on behalf of the plaintiffs with prayer for returning back the written statement filed by the defendant No.3 and calling upon the defendant No.3 to file fresh written statement.

(2.) It is the case of the plaintiffs that the present suit was filed for declaration and permanent injunction initially before ld. District Judge, Delhi. The defendants herein had filed their respective written statements. Subsequently vide order dtd. 17/5/2003, ld. ADJ had framed issues, including Preliminary Issue no.1 which read as under:

(3.) The suit of the plaintiffs was dismissed vide order dtd. 17/5/2003. Against the said order, the plaintiffs filed appeal before this Court, being RFA (C) No. 621/2003. By order dtd. 5/3/2012, the appeal filed by the present plaintiffs was allowed by this Court, and the present suit of the plaintiffs was sent back for trial on the remaining issues.