1. The issues and parties involved in both the Civil Revision petitions are interlinked. Therefore, these petitions are disposed of by this common order.

2. The petitioners are the defendants 1 & 2, respondents 1 to 4 are the plaintiffs and respondents 5 & 6 are the defendants 3 & 4 in O.S.No.453 of 2013 on the file of District Munsif Court, Namakkal. The respondents 1 to 4 filed the above suit against the petitioners and respondents 5 & 6 for declaration that the entire suit property belongs to them and petitioners have no right or interest in the suit properties and for permanent injunction restraining the petitioners from interfering with their peaceful possession and enjoyment of the suit property and restraining the respondents 5 & 6 from disconnecting the electricity service connection based on the petition given by the petitioners contrary to the Electricity Board Rules.

3. The petitioners filed I.A.No.1368 of 2013 under Order VII Rule 11 (d) CPC to reject the plaint on the ground of suppression of material facts and particulars on the ground that suit is barred by limitation. According to the petitioners -

(i) the respondents 1 to 4 failed to file the death certificate of Karuppa Gounder and legal heir-ship certificate mentioned in the plaint and in view of the said failure to produce the documents, the suit is not maintainable.

(ii) the respondents 1 to 4 have admitted that they are not the absolute owners of Survey Nos.66/28 & 66/29.

(iii) Karuppa Gounder through whom the respondents 1 to 4 are claiming title was issued patta on 20.04.1974 for D.A.0.35 in Survey No.66/29. Karuppa Gounder, during his life time did not dispute the said extent and suit filed by the respondents 1 to 4 after a lapse of 39 years for larger relief is barred by limitation.

(iv) The second petitioner/second defendant is the son of Marappa Gounder and Kaliammal. They are the parties 1 & 2 to the partition deed dated 25.03.1959 with respect to 'D' schedule properties Item No.2, about 16 cents of land. The said land was sub-divided as Survey No.66/28 and the same was allotted to share of Pavaiammal and Marappa Gounder and they are entitled to the said property, i.e. 16 cents.

(v) The second petitioner's brother late Periyasamy s/o Marappa Gounder filed O.S.No.95 of 2003 on the file of Sub Court, Namakkal claiming that his father is the absolute owner of entire Survey No.66/28 D.N.0.007.0.

(vi) The 4th respondent, in collusion with Periyasamy brother of second petitioner entered into an agreement of sale and 4th respondent filed suit O.S.No.144 of 2004 on the file of Sub Court, Namakkal and obtained ex-parte decree in respect of 5 cents in Survey No.66/28. Based on the ex-parte decree passed in O.S.No.144 of 2003, the 4th respondent filed REP No.130 of 2003 on the file of Sub Court, Namakkal and got sale deed executed registered in his favour in the office of the Sub Registrar, Namakkal.

(vii) The second petitioner/second defendant along with his son Gurumurthy and his sister Nallammal filed suit against his brother late Periyasamy, his daughter Selvi, 4th respondent and another, for a relief of declaration that sale deed executed and registered by the court in favour of the 4th respondent is null and void as the same had been obtained by fraud and also prayed for permanent injunction.

(viii) the second petitioner also along with others filed I.A.No.83 of 2006 for temporary injunction and interim injunction was granted on 03.02.2007 by Sub Court, Namakkal. Against the said order, 4th respondent filed CMA No.3 of 2007 which was dismissed by the Additional District Judge, Namakkal. The respondents 1 to 4, have filed the suit suppressing the pendency of earlier suit filed by the second petitioner & others, injunction order and cancellation of patta transfer order by RDO, Namakkal filed the present suit, which amounts to suppression of materials facts and particulars and it is a fraud committed by the respondents 1 to 4.

(ix) The respondents 1 to 4 have