JUDGMENT :

(Prayer: Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 22.01.2020 passed in I.A.No.179 of 2017 in O.S.No.196 of 2012 on the file of the Additional District Munsif Court, Sankarankovil.)

1. Against the dismissal of the petition filed under Order 7 Rule 11(d) of CPC, this Civil Revision Petition is filed by the petitioner/defendant.

2. The respondent/plaintiff has filed the above suit in O.S.No.196 of 2012 for declaration that the 2nd schedule property absolutely belongs to her and for mandatory injunction to remove the illegal construction made in the property obstructing the flow of drainage water from the house of the plaintiff. Pending suit, the revision petitioner/defendant filed the present petition to reject the plaint which was dismissed by the trial Court, against which, this revision petition is filed.

3. The learned counsel for the petitioner/defendant would further submit that the respondent/plaintiff suppressed the decree dated 31.10.1985 passed in the earlier suit in O.S.No.707/1981 contested between the predecessors in title of the defendant and plaintiff, wherein the issue involved in the present suit