ORDER

1. The plaintiff - respondents, hereinafter referred to as the respondents, filed a suit for a declaration that the acquisition of Schedule B property in LA Case No. XI/16 of 1965 - 66 was illegal and void. A prayer for injunction restraining Defendants 13 to 18 from changing the nature and character of Schedule D property by alienating/transferring the same in any manner whatsoever and also from undertaking any construction thereon was also prayed for. Defendant 18 in the suit, the appellant herein, instead of filing the written statement filed an application under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure seeking rejection of the plaint which was termed as dismissal of the suit.

2. The trial court dismissed the application, aggrieved against which the appellant filed CO No. 1512 of 2002 which has been decided by the impugned order. The learned Single Judge, although did not agree with the reasoning given by the trial court, went on the merits of the matter and dismissed the revision application.

3. Aggrieved against the aforesaid order of the High Court the present appeal by way of special leave has been filed.

4. Learned counsel appearing for the