JUDGMENT :

(Prayer: Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order made in I.A.No.105 of 2020 in O.S.No.238 of 2016 dated 12.08.2020 on the file of the IIIrd Additional District and Sessions Judge, Tiruppur at Dharapuram.)

1. The 14th defendant in the suit is the revision petitioner herein.

2. the Brief facts of this petition is as follows:-

(a) The first respondent/plaintiff has filed a suit seeking the relief of partition of the suit property and claiming 1/2 share in the schedule property.

(b) The first defendant is the mother of the deceased K.R.Dinesh. While the 14th defendant is the elder brother of the said Dinesh and also the first son of the father Ramalingam (now deceased).

(c) Written statement of the first defendant and 14th defendant have filed and other defendants are being the tenants have been exonerated by the orders of the trial Court in the Interlocutory Application.

(d) After framing necessary issues, P.W.1 was examined and documents were marked.

(e) At this juncture, the 14th defendant has filed I.A.No.105/2020 under Order 7 Rule 11 read with 151of C.P.C for rejection of the plaint.

(f) The plaintiff/responde