1. Petitioners-defendants in O.S.No.111 of 2006 of the Court of learned Sub Judge, Sulthan Bathery made an attempt to nip the suit against them in the bud by taking recourse to Rule 11(a) and (d) of Order VII of the Code of Civil Procedure (for short, “the Code”) Learned Sub Judge nipped that attempt in the bud. Hence, this civil revision.

2. The parties are closely related-by blood and/or bond-first petitioner is the husband of the second petitioner. Second petitioner is the daughter of respondent. Third petitioner is said to be private limited company of which petitioners 1 and 2 are the directors. Respondent, who claimed to be a person of Indian origin settled and living in the United States of America, a medical practitioner by profession claimed to have advanced certain amount to the first petitioner from his NRI account for acquisition of the suit property and claimed reliefs against petitioners such as, a declaration that petitioners hold the suit property in trust for and on behalf of the respondent, a consequential perpetual prohibitory injunction restraining petitioners, their agents or men from alienating, transferring or parting with the suit property wholly