ORDER :

1. The 1st defendant in the suit O.S.No.119 of 2010 is the revision petitioner before this Court. He has challenged the dismissal of an application filed by him invoking the provisions of Order VII Rule 11 of the Code of Civil Procedure to reject the plaint in O.S.No.119 of 2010.

2. In order to appreciate the grievance of the petitioner herein, it is necessary to set out the following dates and events:-

“CHRONOLOGY OF DATES AND EVENTS

S.No. DATE EVENTS

1 18.12.1982

The paternal grandfather of the revision petitioner and the 2nd respondent, one Ramasamy Naidu executes a settlement deed in their favour retaining a life interest for himself.

2 21.08.1995

Ramasamy Naidu unilaterally cancels the settlement deed

stating that the petitioner and the 2nd respondent have not complied with the terms of settlement.

3 05.09.1995

The revision petitioner herein and the 2nd respondent, who were minors then, had instituted the suit O.S.No.652 of 1995 on the file of the Sub Court, Dindigul, which was later transferred to the District Munsif Court, Palani and numbered as O.S.No.222 of 1996 and once again transferred to the Sub Court, Palani and numbered as O.S.No.160 of 1998 to declare the cancellati