JUDGMENT :

(Prayer: Civil Revision petition filed under Article 227 of the Constitution of India To set aside the fair and decreetal order dated 18.12.2019 made in I.A.No.2 of 2019 in O.S.No.358 of 2018 on the file of the Additional District Munsif, Erode.)

This Civil Revision Petition is directed against the fair and decreetal order passed by the Trial Court refusing to reject the plaint Or.VII R.11 of C.P.C.

2. According to the petitioner/defendant, the suit is hopelessly barred by limitation and without cause of action. Hence it shall be rejected under Or.VII Rule 11 (a) and (d) of C.P.C

3. The plaintiff have filed the above suit in O.S.No.358 of 2018 to declare the sale deed dated 07.11.2003 as null and void, mandatory injunction to demolish the structure and hand over possession and for permanent injunction restraining the defendants from constructing the building.

4. The case of the plaintiff is that husband of the first plaintiff and father of plaintiffs 2-4, namely Jeganathan borrowed a sum of Rs.75,000/- from the 2nd defendant in the suit and handed over title deed to him during December 2000, for discharge of one mortgage to a third party. Even before that the said Jeganathan