D.V. Shylendra Kumar, J

This civil revision petition filed under Section 115 of the Code of Civil Procedure is by the defendant in OS No 3797 of 2000, on the file of the XV Additional City Civil & Sessions Judge, Bangalore city, being aggrieved by the order dated 28-1-2006, passed by the learned trial judge IA-V.

2. The respondent in the revision petition, who is the plaintiff, had instituted the suit against the sole defendant praying for recovery of possession of the suit sche- dule property on the ground that the ten- ancy has been determined and that the defendant was required to hand over the vacant possession of the suit schedule pro perty etc and for future mesne profit etc.

3. The suit had been resisted by the defendant-petitioner and written statement had been filed. Issues had been-framed and the parties had gone to trial on the issues framed. An application came to be filed by the defendant on 14-10-2004 invoking the provisions of Order VII, Rule 11 (d) CPC praying for rejection of the plaint, which was numbered as IA- V and it is dismissal of this application under the impugned order, which has given rise for this revision petition.

4. The learned trial judge, who