M K SEETHARAMAN Vs. M K JEGANATHAN

JUDGEMENT

(1.) This revision petition is directed against the dismissal of the interlocutory application filed by the defendants 1 and 2, under Order 7 Rule 11 and Section 151 CPC and Section 29 of the Provincial Insolvency Act.

(2.) The suit has been filed by the respondents 1 to 3 herein/plaintiffs against the revision petitioners/defendants 1 and 2 and the 4th respondent/3rd defendant, for partition and permanent injunction. The 3rd respondent/3rd plaintiff is the daughter and the respondents 1 and 2/plaintiffs 1 and 2 and the 1st petitioner/1st defendant are the sons of one Kulanthaivel Konar. The suit has been contested by the defendants by filing written statement and the matter was taken up for trial after framing issues.

(3.) At that juncture, the revision petitioners herein who are the defendants 1 and 2, have taken out an application under under Order 7 Rule 11 and Section 151 CPC and Section 29 of the Provincial Insolvency Act, alleging that the plaintiffs, 1st defendant and one Annalakshmi Ammal have filed a petition to declare themselves as insolvents and in the Insolvency Petition No.7/81, they were declared as insolvents and till date, they are not discharged from insolvency. While so, the suit filed for partition without the leave of the Court is not maintainable. Hence, the plaint has to be rejected.