Judgment

B.N. Mahapatra, J.

This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (for short, “CPC”) arises out of Civil Suit No.351 of 2009 on the file of learned Civil Judge (S.D.), Berhampur. In this Revision Petition challenge has been made by defendant No.1-petitioner to the correctness of the impugned order dated 23.04.2011 (Annexure-5) passed by the Civil Judge (Sr. Division), Berhampur rejecting two petitions separately filed under Order 7, Rule 11, CPC by defendant Nos. 1 and 3 praying for rejection of the plaint.

2. Defendant No.1-petitioner’s case is that opposite party No.1 being the plaintiff has filed a suit for partition in the Court of Civil Judge (Sr. Division), Berhampur bearing C.S. No.351 of 2009 against him and opposite party Nos.2 and 3 claiming the suit property as ancestral property and joint property of the parties. On receipt of summons in the aforesaid Civil Suit, defendant No.1-petitioner and opposite party Nos.2 and 3 entered appearance and filed their written statement. The defendant no.1-petitioner has filed an application under Order 7, Rule 11, CPC stating therein that the suit was not maintainable on the ground that the conce