N. Kumar, J.

1. The plaintiff has preferred this appeal against the order passed by the Trial Court on an application filed under Order 7 Rule 11 of C.P.C. by the 1st defendant requesting the Court to dismiss the suit as not maintainable.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. Plaintiffs filed O.S. No. 438/2011 on the file of the Fast Track Judge, Devanahalli for partition and separate possession of their 1/5th share in all the plaint schedule properties and for a decree to set aside the compromise petition dated 28.03.2005 filed under Order 23 Rule 3 r/w Section 151 C.P.C. by the plaintiffs and the defendants in O.S. No. 121/2000 on the file of the Second Additional Senior Civil Judge, Bangalore Rural District at Bangalore on the ground that fraud and misrepresentation was practiced on them in obtaining their signatures on the compromise petition and for other consequential reliefs.

4. After service of summons, the defendant entered appearance and filed an application under Order 7 Rule 11 of C.P.C. contending that if the plaintiffs' case is that compromise decree was obtained by fraud, their remedy is