This Revision Application under Section 115 of the Code of Civil Procedure (CPC, for short), challenges the order dated 08/01/2013, passed by the learned Trial Court in Civil Suit No.4/2012. By the impugned order, the application under Order VII, Rule 11 of the Code of Civil Procedure (CPC, for short), filed by the petitioner, has been dismissed.

2. The brief facts, necessary for the disposal of the petition, may be stated thus :

That the first respondent filed Regular Civil Suit No.4/2012 against the petitioner and others, for seeking a declaration that the Deed of Mortgage dated 29/09/2008, executed by the original defendant nos.3 to 7 in favour of the petitioner herein, is null and void and not binding on him. The respondent no.1 also sought permanent injunction, restraining the petitioner from attaching or taking over possession of the suit property.

3. For the sake of convenience, the parties are referred to in their original capacity as the plaintiff and defendants.

4. The defendant no.6 Mrs. Maria Odry Monteiro is the wife of the plaintiff Mr. Aurelio Jose da Costa. Original defendant no.2 Mahadev Naik had obtained a financial assistance from the petitioner (defendant