CAV ORDER

(PER: HON'BLE MR JUSTICE R DEVDAS)

This Civil Revision Petition is filed by defendant No.6 in O.S.No.73/2019 on the file of the learned Senior Civil Judge and JMFC, at Devanahalli, being aggrieved of the rejection of the applications in I.A.Nos.3 and 4 filed under Order VII Rule 11 of the Code of Civil Procedure .

2. For the sake of convenience, the parties will be referred to in terms of their ranking before the Trial Court.

3. The suit in O.S.No.73/2019 is filed by Smt.H.K.Susheelamma, against her father, sister, brothers and defendants No.5 and 6 who have allegedly purchased the suit schedule property, with a prayer seeking partition and separate possession of 1/5^th share in the suit schedule property and for mesne profits. After entering appearance, the two brothers of the plaintiff i.e., defendants No.3 and 4 filed counterclaim and sought for their share in the suit schedule property. Defendant No.6 filed an application under Order VII Rule 11 of CPC, seeking rejection of the plaint on the ground that the suit is barred under Order XXIII Rule 4 of CPC, since the plaintiff who had earlier filed a suit in O.S.No.23/1998 seeking a declaration that the suit schedule prop