(1.) The petitioner, who is defendant No.9 in the suit, has challenged the order of the Trial Court rejecting his application filed under Order VII Rule 11(d) read with Sec. 151 of the Civil Procedure Code (CPC). The application sought rejection of the plaint on the ground that the suit was not maintainable under law.
(2.) The plaintiffs filed a suit seeking partition and separate possession of their legitimate share in the suit schedule properties.
(3.) Defendant No.9 entered an appearance and filed an application under Order VII Rule 11(d) CPC, contending that the plaintiffs had earlier filed a similar suit in O.S. No.842/2014. That suit had been resolved through a compromise decree, under which the plaintiffs were allotted specific shares in the suit schedule properties.