ORDER

The present revision petition has been filed by the 11^th defendant in O.S.No.90 of 2013 on the file of II Additional Subordinate Judge, Madurai challenging the dismissal of his application filed under Order VII Rule 11 of Code of Civil Procedure.

2. The respondents herein have filed the above said suit for the relief of partition and separate possession of their share in the suit schedule properties. The 11^th defendant in the suit has filed a written statement taking a plea that some unnecessary parties have been impleaded and therefore, the suit has to be dismissed for mis-joinder of necessary parties. There is no pleading in the written statement that necessary parties have not been impleaded and therefore, the suit is bad for non-joinder of parties.

3. The 11^th defendant in the suit had filed I.A.No.358 of 2021 under Order VII Rule 11 of C.P.C to reject the plaint on the following grounds:

(a) Mis-joinder of necessary parties, namely defendants 5, 6 and

10.

(b) Non-joinder of one Nagalakshmi who is a necessary party.

(c) Suppression of material facts.

4. The trial Court found that the 11^th defendant has not chosen to file the legal heir certificate to find out who are all the lega