(1.) The 1st defendant in the suit O.S.No.119 of 2010 is the revision petitioner before this Court. He has challenged the dismissal of an application filed by him invoking the provisions of Order VII Rule 11 of the Code of Civil Procedure to reject the plaint in O.S.No.119 of 2010.
(2.) In order to appreciate the grievance of the petitioner herein, it is necessary to set out the following dates and events:-
(3.) From the above chronology of events, it appears that the title of the revision petitioner and his brother had been declared by a competent civil Court and injunction has been granted in their favour. The second appeal, which is filed challenging the judgment in A.S.No.231 of 2001, has been dismissed for default. It is now informed that an application has been moved for restoring the same with a delay.