Jainendra Kumar Ranka, J.

1. Instant revision petition is directed against rejection of application under Order 7, Rule 11 of CPC read with section 151 CPC moved by the defendant-petitioner in a suit for partition and injunction filed by the plaintiff-respondent.

2. The brief facts necessary to resolve the controversy is that the plaintiff-respondent filed a suit for partition and injunction with respect to the suit property claiming that the suit property belongs to the adoptive mother of the plaintiff who expired on 05.12.1989 and as a consequence whereof plaintiff and defendant No. 1, adoptive father of the plaintiff became the co-owners of the suit property. It was further being alleged that the defendant No. 1 wrongly entered into a development agreement with defendant No. 2 who started construction upon the suit property whereas the plaintiff was co-owner to the extent of half share in the same and hence relief of partition and injunction was sought in the plaint.

3. An application under Order 7, Rule 11 read with section 151 CPC was moved in the suit by defendant No. 1/1 with the assertion that in a previously instituted suit titled as Lal Singh & Others v. Hawa Kanwa