SUBHASH AGGARWAL Vs. KHUSHAL CHAND

JUDGEMENT

(1.) THIS is an application by the plaintiff under Order 39 Rule 4 and Section 151 of the Code of Civil Procedure for vacating the order dated May 20, 1994 passed on I.A. Nos. 2164, 5144 and 6052 of 1990.

(2.) BRIEF facts which gave rise to the present application are as under : that the plaintiffs herein filed a suit bearing No. 2104/90 for declaration and permanent injunction, inter alia, to declare that the defendants herein or any other person who has derived right, title and interest through them are not entitled to the use of the common passage in the premises bearing Nos. 7/1 and 7/2, Lancer Road, B.D. Estate, Delhi.

(3.) I have heard the learned counsel for the parties at sufficient length and have very carefully examined their rival contentions and have given my anxious thoughts thereto.