(This Civil Revision Petition is filed under Section 115 of CPC, against the Order dated 25.08.2009 passed in O.S.No. 15734/2005 on the file of the XIII Addl. City Civil Judge, Mayohall Unit, Bangalore, (CCH 22), dismissing the application filed under order 7 Rule 11 (d) of Code of Civil Procedure.)

This is a defendants’ revision petition questioning the correctness of the order passed by the XIII Additional City Civil Judge, Bangalore, dated 25.8.2009 in O.S.No. 15734/2005 whereunder interlocutory application filed by the revision petitioners (defendants) under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908 came to be dismissed.

2. The parties are referred to as per their ranks before Civil Court. The facts in nut shell are as follows:

2.1 Plaintiffs sought for an order of perpetual injunction against the defendants, their men, agents, representatives, henchmen in O.S.No. 15734/2005. The said suit was contested by the defendants. During the pendency of the suit an application under Order VII Rule 11(d) r/w Section 151 of Code of Civil Pro9cedure came to be filed by the defendants with a prayer to reject the plaint as same is barred by law. The said applicati