1. The petitioner, aggrieved of the order dated 30th January 2009 of Learned Second Additional District Judge, Jammu, in application under Order 7 Rule 11 CPC, whereby Learned Trial Judge has dismissed the application and declined to reject the plaint, has come up with instant revision petition.

2. Before dilating on the grounds taken up by petitioner in application under Order 7 Rule 11 CPC, to seek rejection of the plaint, it would be advantageous to have closer look at the background, in which present controversy arises.

3. The respondent on 14th July, 2007 brought a suit against the petitioner before the Trial Court for partition by metes and bounds of the property mentioned in the plaint.

4. Briefly stated the respondent's case was that the parties to the suit are real brothers and their father executed a Will on 16th July 1983, whereby property at Muthi and Tringla Batote, was bequeathed in equal shares to the parties; that the property forming subject matter of the suit, however, was left by father of the parties outside scope of the Will and after his demise on 4th January 1999, subject matter of the suit remained joint and unpartitioned between the parties, to be divided in e

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