B. Veerappa, J.

The first defendant filed the present writ petition against the order dated 23.07.2014 on IA No. 11 made in O.S. No.70/2014 on the file of the Principal Civil Judge and JMFC, Karkala, rejecting the application filed under Order 7, Rule 11 (b) of Code of Civil Procedure, 1908 (for short 'CPC' ).

2. The respondents who are the plaintiffs before the trial Court filed O.S.No.70/2014 for partition and separate possession in respect of the suit schedule properties contending that suit schedule properties are joint family properties of plaintiffs and defendants and there was no partition in the joint family and therefore, he is entitled for? the share in the suit schedule properties. The first defendant filed the written statement, denied the entire plaint averments and contended that the first defendant got the suit schedule property by virtue of the registered sale deed dated 04.05.1991 and the suit filed by the plaintiffs is not maintainable. Therefore, he sought for dismissal of the suit.

3. When the matter was posted for framing of issues, the first defendant filed IA No. 11 under Order 7, Rule 11 (b) of the CPC to reject the plaint on the ground of undervaluation