M.V. Muralidaran, J.

1. This revision petition arises out of an order dated 18.07.2013 passed by the learned I Additional District Judge, Erode in I.A. No.306 of 2013 in O.S. No.176 of 2012 pending on the file of the above said Court. The above said suit came to be filed by C. Baby, the first respondent herein, against the revision petitioner and respondents 2 to 9 for praying partition of the properties and further relief to render a true and complete account of business of late M. Chenniappan and to pay cost.

2. The revision petitioner/first defendant has filed an application in I.A.No.306 of 2013 under Order 7, Rule 11 CPC praying for the rejection of the plaint in O.S.No.176 of 2012 on the ground that an earlier suit was filed by the same plaintiff, which was suppressed and the Court fee was also insufficiently paid, mis-jointer of parties and the company was not added as a defendant in the suit. The application was resisted by the first respondent herein/plaintiff and after enquiry, the learned trial Judge, by the impugned order dated 18.07.2013 dismissed the said application filed by the revision petitioner/first defendant. The said order of the trial Court is challenged