R.S. Ramanathan, J.

The defendant in C.S.No.755 of 2012 is the applicant in this Application. The applicant/defendant filed the Application to reject the plaint on the ground of limitation, under Order 2, Rule 2 of the CPC, and also on the ground of res judicata.

2. It is submitted by the learned counsel for the applicant that the present suit is filed by the respondent/plaintiff for the relief of declaration to declare the release deed executed by N. Ethirajan, in favour of the applicant/defendant dated 30.12.1972 as ab initio, illegal, improper, invalid and null and void and not binding on the plaintiff and for passing preliminary decree by dividing the suit properties into two equal shares and to allot one such share to the plaintiff/respondent.

3. The learned counsel further submitted that as per the averments made in the plaint, the suit property originally belonged to one V. Natesa Pillai and he was the Kartha of the undivided family of himself, his wife, and two sons, namely, N. Ethirajan and N. Ramachandran and four daughters. The said Natesa Pillai purchased the suit property from and out of the nucleus and also under a partition deed dated 2.4.1940, he entered into wi