JUDGMENT

1. Rule returnable forthwith. Learned advocate Mr. Dhruvik K. Patel waives service of notice of rule for and on behalf of opponent No.1. With the consent of respective parties, the matter is taken up for final hearing today itself.

2. The present Civil Revision Application is filed under Section 115 of the Code of Civil Procedure, 1908 (for short "the Code") by the petitioners - original defendant Nos.3 and 4, assailing an order of rejection of application under Order VII, Rule 11 of the Code.

3. Heard learned advocate Mr. J. R. Shah for the applicants and learned advocate Mr. Dhruvik K. Patel for Opponent No.1.

4. Brief facts of the present case are as under:-

4.1. The respondent No.1 - original plaintiff filed a suit against the present applicants as well as against the respondent Nos.2 and 3 for Tenement bearing No.20 of Sukhipura Cooperative Housing Society Limited, situated at Survey No.253/1, Town Planning Scheme No. 21, and Final Plot Scheme No. 485. The plaintiff claims to be the owner of the suit property and as after the death of his wife in the year 1987, relations between the plaintiff and the son of plaintiff Kishore Laljibhai Gangera who happens to be the fat