The revision petitioner/Petitioner/Defendant has filed the present revision petition as against the order dated 09.06.2008 in I.A.No.4956/04 in O.S.No.12229/96 passed by the learned IV Assistant City Civil Judge in dismissing the application filed by the petitioner herein under Order VII Rule 11 (a) and (d) read with Section 151 of Civil Procedure Code.

2. The trial Court while passing orders in I.A.4956/04 has come to the conclusion that the plaint cannot be rejected and resultantly, dismissed the application.

3. According to the learned counsel for the revision petitioner/Defendant, the trial Court has not appreciated of the fact that the respondents/Plaintiffs as per the Compromise decree dated 06.08.1953 are entitled to claim right in the entire suit property (plaintiffs mother as limited estate owner) and the respondents/Plaintiffs as vested remainder holders) and further that the said property has been mortgaged by their father, the Natural Guardian and their mother being a limited estate owner on 310. 1953 and on the basis of the mortgage decree obtained by the mortgagee, the property has been sold in public auction on 24.09.1954 and moreover, the Natural Guardi