O R D E R

The Civil Revision Petition has been filed challenging the order dated 14.02.2016 in O.P. No.1 of 2015 of the Principal Sub Court, Thalassery, whereby, the court below has held that the said suit is maintainable.

2. According to the petitioner, the suit is hit by Order II Rule 2 of the Code of Civil Procedure . It is contended that even going by the averments in the Original Petition, no cause of action has been made out warranting entertainment of the case. This Court had directed the Registry to call for a report from the court below, and the court below informed the Registry that the suit has already been numbered and is now pending before it.

3. The Original Petitioners say that they had earlier filed O.S. No.77 of 2007 and O.S. No.112 of 2007, both of which were dismissed for non-prosecution. O.S. No.140 of 2007 filed for return of amount paid as advance consideration was pending at the time when the case had been filed. It is submitted that thereafter, the said suit had been decreed and the plaintiffs had not taken any steps for execution of the said decree or money. The Original Petitioners also say that subsequently O.S. No.221 of 2012 had been filed stating that