K SEKAR Vs. VIJIYALAKSHMI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the fair and decretal order, dated 8.12.2009, made in I.A.No.134 of 2009, in O.S.No.126 of 2008, on the file of the II Additional Subordinate Judge, Cuddalore.

(2.) THE petitioner herein is the second defendant in the suit, in O.S.No.126 of 2008, filed by the respondents 1 to 3. THE suit, in O.S.No.126 of 2008, had been filed for partition and separate possession. THE petitioner had filed I.A.No.134 of 2009, under Order VII Rule 11 of the Civil Procedure Code, 1908, to reject the plaint on the ground of limitation.

(3.) THE learned counsel appearing on behalf of the respondents had submitted that the issues raised in the interlocutory application filed by the petitioner, in I.A.No.134 of 2009, could be decided during the trial in the suit, in O.S.No.126 of 2008, since, the trial Court had framed the issues for adjudication.