JUDGMENT

Petitioners are defendants in O.S.591/2006 on the file of Sub court, Ernakulam. Respondents are plaintiffs. Suit was filed seeking a decree for declaration that sale deed No.3210/06 of Sub Registry Office, Thrikkakara got executed by eighth defendant is illegal, null and void as it is vitiated due to mental incapacity of eighth defendant and for a consequential relief of decree for prohibitory injunction. This petition is filed under Article 227 of Constitution of India contending that as eighth defendant is alive, respondents have no right to institute the suit and learned Sub Judge has appointed a commission to find out the mental capacity of eighth defendant which is illegal and it is an abuse of process of the court and therefore the entire proceedings in O.S.591/2006 are to be quashed exercising the supervisory jurisdiction of this court under Article

227 of Constitution of India. Learned counsel appearing for petitioners vehemently argued that whether respondents have a cause of action to institute the suit should have been considered by the court at the very threshold and as there is no cause of action the suit should have been rejected as provided under Rule 11 Orde