M. PERUMAL NAICKER Vs. GANGAMANI

JUDGEMENT

(1.) The Civil Revision Petition has been filed to set aside the order dtd. 14/7/2014 in I.A.No. 178 of 2012 in O.S. No. 38 of 2012 on the file of the Additional Sub Judge, Karur.

(2.) The learned counsel for the petitioner would submit that the petitioner is the fourth defendant in O.S.No. 38 of 2012 filed for partition. The first respondent/plaintiff has filed the vexatious suit for partition as if he has got right of partition in respect of item 1 and 3 suit properties which were purchased by the petitioner by Court auction and it could not be brought in for partition, thereby the petitioner had filed petition under Order 7 Rule 11 of the Code of Civil Procedure to dismiss the suit partially in respect of item 1 and 3 which were exclusively owned by the petitioner, whereas the Trial Court had dismissed the same stating that the matter can be decided only after full fledged trial, thereby the present petition has been filed seeking to set aside the order.

(3.) The learned counsel for the 1st respondent would submit that the Trial Court rightly finding that the petition cannot be filed for partial rejection of plaint has rightly dismissed the petition. He would further submit that Trial Court has also held that it is a matter for evidence.