1. This revision filed under Article 227 of the Constitution of India arises out of the order of the learned Principal Subordinate Judge, Tindivanam dated 04.08.2011 dismissing I.A.No.342/2011 in O.S.No.2/2009 on the file of the said court. The revision petitioner figures as the 11th defendant in the above said suit. The respondents 1 to 4 are the plaintiffs in the said suit.

2. The suit is one filed for partition of the suit properties. The revision petitioner is the purchaser of one of the items of the suit properties from Vasantha @ Vasanthakumari and Selvalingam, who figure as the defendants 9 and 10 in the original suit. Claiming to be the co-owner of the suit properties along with defendants 1 to 10 in the suit, the respondents herein/plaintiffs in the original suit filed the suit for partition and separate possession and other reliefs. In the suit, all the defendants including the revision petitioner (11th defendant), remained ex-parte and an ex-parte preliminary decree for partion as prayed for came to be passed on 17.03.2009.

3. The revision petitioner (11th defendant) filed an application (unnumbered) under Order IX Rule 13 of the Code of Civil Procedure to set asid