S.RAMANAN Vs. D.NEELAVENI

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order dtd. 20/12/2017 made in I.A.No.273 of 2017 in O.S.No.574 of 2011 on the file of the I Additional District Judge, Coimbatore, thereby dismissing the petition filed by the petitioner for rejection of plaint.

(2.) The petitioner is the 7th defendant and the respondents 1 to 4 are the plaintiffs. The respondents 1 to 4 filed a suit for partition, declaration and permanent injunction in respect of the suit property. While pending the suit, the petitioner filed a petition for rejection of plaint and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition.

(3.) Mr.AR.L.Sundaresan, learned Senior Counsel submitted that the suit itself is hit under Order 2 Rule 2 of the Civil Procedure Code. Since, already their father filed a suit in O.S.No2361 of 2006 for injunction and the same was dismissed for default. Pending suit, the father of the respondents 1 to 4 died and they have filed I.A.No.358 of 2010 to implead themselves as legal heirs of their father and the same was dismissed for default by the Judgment and Decree dtd. 21/6/2011. The suit itself is barred by limitation. Since, the properties were already partitioned by the registered Partition Deed of the year 1973. Therefore, the respondents 1 to 4 ought to have filed a suit within a period of three years to set aside the said Partition Deed of the year 1973. The suit is filed for partition and the respondents 1 to 4 are not in possession of the property. Since, the entire property was purchased by the petitioner in the Court Auction Sale in the execution proceedings and as such there is no constructive possession of the suit property by the respondents 1 to 4 herein. Therefore, the suit was not properly valued and liable to be rejected.