M.CHOCKALINGAM, J.

These two intracourt appeals have arisen from the order of the learned Single Judge of this Court made in Application Nos.5183 of 2006 and 30 of 2007 filed by the defendants 1 to 3 and the defendants 5 and 6 respectively for rejection of plaint in C.S.No.1509 of 1994 under Order VII Rule 11 of C.P.C.

2. TheCourt heard the learned Counsel on either side.

3. These appeals have emerged under the following facts and circumstances.

.(a) In the year 1981, the first respondent and his brother Kadiresa Adityan filed an Application in A.No.165 of 1981 under Sec.92 of the C.P.C. seeking leave. The said application was contested by the respondents therein stating that the applicants were not persons interested in the Trust within the meaning of Sec.29 of the CPC. In order to satisfy their contentions, the respondents filed Application No.879 of 1981 seeking permission to cross-examine the applicants on their affidavit. On the dismissal of the said application, the respondents filed OSA No.152 of 1981. A Division Bench of this Court allowed the appeal and permitted the cross-examination. The applicants filed Civil Appeal No.6040 of 1981 before the Supreme Court