JUDGMENT :

When does the trial in a suit commence? This is the core issue for consideration in the instant case.

2. The petitioner is the defendant and the respondents are the plaintiffs in the suit O.S.No.249/2014 on the file of the Munsiff's Court, Punalur.

3. The suit is instituted seeking the following reliefs. (1) A decree, setting aside document No.1768/2009 of S.R.O, Anchal. (2) A decree of declaration of the title and possession of the plaintiffs over the plaint schedule property. (3) A decree of prohibitory injunction restraining the defendent from trespassing into the plaint schedule property, committing any acts of waste therein and causing any obstruction to the possession and enjoyment of the property by the plaintiffs.

4. The crux of the averments in the plaint is as follows. The second plaintiff is the wife of the first plaintiff. The second plaintiff borrowed an amount of Rs.5,00,000/- from the defendant on 22.09.2008. The plaintiffs had borrowed a further amount of Rs.3,00,000/- from the defendant on 20.10.2008. The defendant wanted execution of a sale deed in his favour in respect of the property owned by the first plaintiff as security for the loan amount. As the pla