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(v) The appellants/plaintiff have the habit of abusing the process of law. Two earlier injunction applications in the earlier Suit No. 177/1989 were dismissed as also two appeals filed there against, and thereafter, the earlier suit was withdrawn without any liberty to file the fresh suit, and therefore the present suit is clearly barred under Order II Rule 2 CPC.

(vi) The appellants/plaintiff have been time and again prevaricating and resorting to lies to suit their convenience because firstly it was claimed that the suit property falling in Khasra No. 30/27 and this stand of the plaintiff, Sh. Surat Singh, failed because Khasra No. 30/27 was found to be Gram Sabha land which on urbanization of the village vested in the Government, and thereafter, it vested with respondent/defendant and which land was thereafter given to the MCD which has constructed a Barat Ghar/Community Hall. Plaintiff, Sh. Surat Singh, thereafter withdrew his earlier suit, but took up a totally new case of possessory title in this suit plaint, not from 1960 as was claimed in the earlier Suit No. 177/1989 but from much earlier from 1953-1954. Also, earlier rights were claimed in an area of 1100 square yards but in the subject suit the area has mysteriously come down to 500 square yards. Reference in this regard is invited to para 1 of the earlier suit plaint and para 1 the present suit plaint.