(1.) The appellant lays a challenge to the order dated November 19, 2013 allowing IA No.8034/2011. The plaint has been rejected holding that the issue raised in the plaint operates as a res-judicata.
(2.) Admitted facts are that Late Hari Chand and Dr. Chiranji Lal (brothers) were the owners of ⅓rd share with possession separated in property bearing Municipal No.4, Hailey Road, New Delhi.
(3.) During his life time Hari Dass sought partition of the property held in his name and his brother, in which suit he claimed possession. Registered as CS (OS) 314/1967, on August 10, 1972 a preliminary decree was passed declaring Hari Dass as ⅓rd share holder and the remainder ⅔rd in Dr. Chiranji Lal. A final decree for partition was passed on August 07, 1981 in which the shares of the two brothers was separated.