This revision petition is filed challenging the order dated

21.04.2023 passed on I.A.No.3 filed under Order VII Rule 11

read with section 151 of CPC in O.S.No.439/2022.

2.

The factual matrix of the case of the plaintiff before

the Trial Court is that the defendants have obtained the

document of release deed by misrepresentation and fraud.

Hence, sought for the relief of cancellation of registered release

deed dated 01.07.2019 as well as other reliefs.

3

3.

The defendants appeared and filed an application

under Order VII Rule 11 read with Section 151 of CPC praying

the Court to reject the plaint as there is no cause of action,

Court fee paid is insufficient and plaint being not verified and not

filed in accordance with law. In support of this application, an

affidavit is sworn to by defendant No.1 contending that the

plaintiff is his younger sister who is currently in Bengaluru and

no proper verification of the plaint since it reflects that she has

signed the plaint in Australia but it is filed at Bengaluru and

verifying affidavit is also deposed at Australia and not at

Bengaluru which is irregular, illegal and not in accordance with

law. It is also further sworn to that since sh