ORDER :

K. KUMARESH BABU, J.

The Civil Revision Petition has been filed to strike off the plaint in O.S.No.83 of 2016 on the file of Principal Subordinate Judge at Tiruppur filed by the respondent No.1.

2. Heard Mr.S.Gokul, representing Mr.P.Magesh Kumar, learned counsel for the petitioner and Mr.N.Muthuvel, learned Government Advocate (CS), for respondents 29 to 32.

3. The learned counsel for the petitioner would submit that the first plaintiff had earlier filed a partition suit in O.S. No.253 of 1997 on the file of the District Munsif, Palladam, as against the predecessor-in-interest, and the said suit came to be dismissed for default. He had also attempted to restore the suit, and the same was dismissed in the year 2000.

4. The petitioners had purchased the suit schedule property. Thereafter, another partition suit came to be filed in O.S. No.475 of 2004 on the file of the District Munsif, Tiruppur, by the legal heirs of one Palani as against the petitioners as well as the first respondent, in which the petitioners had taken out an application under Order VII Rule 11 CPC, which was allowed, striking off the plaint.

5. Aggrieved against the same, an appeal suit was filed in A.S. No.52