Mr. G.M. AKBAR ALI, J.

1. Application No.4920 of 2011 filed under Order VII Rule 11 of Civil Procedure Code r/w Order 14 Rule 8 of Original Side Rules to reject the plaint filed in C.S.No.634 of 2010.

Application No.1456 of 2012 filed under Order VI Rule 17 of Civil Procedure Code r/w Order 14 Rule 8 of Original Side Rules to amend the plaint.

2. The applicants in Appln.No.1456 of 2012, who are the legal heirs of one Dr. S. Balasubramanian, has filed the present suit in C.S.No.634 of 2010 against the Indian Bank, questioning the measures taken by them in SARFAESI proceedings. The Bank has filed the application in Appln No.4920 of 2011 to reject the plaint.

3. For convenience sake, the applicants in Appln.No.1456 of 2012 are referred as the “plaintiffs” and the Indian Bank is referred as “Bank”. Since both the matters are interconnected and identical issues to be decided, both the applications are disposed of by a Common Order.

4. The plaintiffs have filed the suit for a declaration that the equitable mortgage created on 27.5.1995 by their father, S. Balasubramanian is null and void and would not bind 4/5th shares of the plaintiffs over the plaint schedule property and for a consequ