This civil revision petition is directed against the order dated 28.12.2006 in I.A.No.56 of 2006 in O.S.No.62 of 2005, on the file of learned Additional Subordinate Judge, Thanjavur.

2. The suit in O.S.No.62 of 2005 has been preferred by the revision petitioner against the respondents and others praying for a preliminary decree of partition of the suit property and for separate allotment of his share. The said suit was contested by the respondents along with some others.

3. Subsequently, the respondents, being the defendants 132, 133, 135 and 136, filed an application in I.A.No.56 of 2006 invoking Order 7 Rule 11 as well as Section 151 of C.P.C. to reject the plaint in O.S.No.62 of 2005. In the affidavit filed in support of the application, it was the case of the respondents that the revision petitioner had filed a suit earlier in O.S.No.137 of 1994 for the very same relief and the said suit was dismissed for default and as such, the present suit for partition on the basis of the very same cause of action was not maintainable. It was the further contention of the respondents that they were all subsequent purchasers of the property for available consideration and those tra