ORDER : V.SRISHANANDA, J. Heard Sri Abhishek Patil, learned counsel appearing on behalf of Sri Shivaprasad Shantanagoudar, counsel for the petitioner and Sri M.S. Varadarajan, learned counsel for the respondent No.1. 2. The present revision petition is filed by defendant No.1 challenging the rejection of the application under Order VII Rule 11 filed in O.S.No.701/2020 by order dated 23.10.2020. 3. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under: 4. A suit came to be filed in O.S.No.701/2020 in respect of the following properties with following prayer: “WHEREFORE, the plaintiffs pray that this Hon'ble Court may be pleased to pass Judgment and Decree against the defendants: (a) For partition of the schedule properties by metes and bounds and for separate possession of the plaintiffs' legitimate 1/5 th share each in all the schedule properties; (b) For enquiry into mesne profits Under Order 20 Rule 12 of the Code of Civil Procedure: (c) Declare the alienation of some of the schedule properties by the 1 st defendant in favor of the defendants No.4 to 38 as detailed below viz., 1) Survey No.72/1, measuring 06 guntas (out of 37 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.9558/2005-06, dated 15-10- 2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 4 th defendant Sri. G.K. Shreyamsa Kumar; 2) Survey No.72/1, measuring 06 guntas (out of 37 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.9555/2005-06, dated 15-10-2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 5 th defendant Sri. B.H. Ramesh; 3) Survey No.72/1, measuring 06 guntas (out of 37 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.9556/2005-06, dated 17-10-2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 6 th defendant Smt. Celine Lobo; 4) Survey No.72/1, measuring 06 guntas (out of 37 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.9521/2005-06, dated 26-12-2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 7 th defendant Sri. Janapati Sreenivasulu; 5) Survey No.72/1 measuring 11.08 guntas (out of 37 guntas) in Chokkanahalli village, Yelahanka Hobli, Bangalore North Taluk registered as No.1713/2005-06, dated 19-08-2008, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the defendant Sri. Janapati Sreenivasulu; 5) Survey No.72/1 measuring 11.08 guntas (out of 37 guntas) in Chokkanahalli village, Yelahanka Hobli, Bangalore North Taluk registered as No.1713/2005-06, dated 19-08-2008, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the defendant Sri. Munireddy; 6) Survey No.72/1, measuring 2.02 guntas (out of 37 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.9508/2005-06, dated 26-12- 2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 9 th defendant Sri.Janapati Venkataramana Rao; 7) Survey No.72/1, measuring 2¼ guntas (out of 37 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.1264/2010-11, dated 14-05-2010, in the office of the Sub-Registrar, Byatarayanapura, Bangalore, in favour of the 11 th defendant 10 th defendant Sri. Karnam Krishna Reddy: 8) Survey No.73/2, measuring 1.01 guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.16545/2004-05, dated 22-11- 2004, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 11 th defendant Sri. G. Nagaraju; 9) Survey No.73/3, measuring 1.01 guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.16552/2004-05, dated 22-11- 2004, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 12 th defendant Sri. B.R.V. Kumar; 10) Survey No.73/3, measuring 1.46 guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.18112/2004-05, dated 13-12- 2004, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 13 th defendant Sri. Praveen Jindal; 11) Survey No.73/3, measuring 2.02 guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.18535/2004-05, dated 16-12- 2004, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 14 th defendant Sri. V. Nagaraj Rao; 12) Survey No.73/3, measuring 1¾ guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.8033/2005-06, dated 16-12- 2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 15 th defendant Sri. V. Nagaraj Rao; 12) Survey No.73/3, measuring 1¾ guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.8033/2005-06, dated 16-12- 2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 15 th defendant Sri. T. Venkatarama Reddy; 13) Survey No.73/3 measuring 10½ guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk gegistered as No.8811/2005-06, dated 20-06-2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the defendant Smt. K. Gayathri; 14) Survey No.73/3 measuring 4.01 guntas (out of 10½ guntas) in Chokkanahalli village, Yelahanka Hobli, Bangalore North Taluk registered as No.6420/2005-06, dated 17-09-2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, executed by the 16 th defendant Smt.K.Gayathri in favour of the 17 th defendant Sri.Kempanna; 15) Survey No.73/3, measuring 4.01 guntas (out of 10½ guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North 06-2017, in the office of the Sub-Registrar, Yelahanka, Bangalore executed by the 17 th defendant Sri. Kempanna in favour of the 18 th defendant Smt. Nanjamma; 16) Survey No.73/3, measuring 4.01 guntas (out of 10½ guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, Lease Deed registered as No.5993/2017-18, dated 27- 10-2017, in the office of the Sub-Registrar, Yelahanka, Bangalore, executed by the 18 th defendant Smt. Nanjamma in favour of the 19 th defendant Vidyashankara Academy Educational Trust; 17) Survey No.73/3, measuring 02 guntas (out of 10½ guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.11554/2006-07, dated 16-08- 2006, in the office of the Sub-Registrar, Yelahanka, Bangalore, executed by the 16 th defendant Smt. K. Gayathri in favour of the 20 th defendant Sri. T. Venkatarama Reddy; 18) Survey No.73/3, measuring 5¾ guntas (out of 30 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.5592/2005-06, dated 26-08- 2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 21 st defendant Sri.K.S. Surendra; 19) Survey No.75/2, measuring 10½ guntas (out of 13.06 guntas) in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.9568/2005-06, dated 26-11- 2005, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the 22 nd defendant Sri.Avvaru Venkatasubbaiah; 20) Survey No.75/1, new Survey No.75/5, measuring 25920 Square Feet in Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, registered as No.171/2012-13, dated 19-04-2012, in the office of the Sub-Registrar, Yelahanka, Bangalore, in favour of the defendants No.23 & 24 namely Sri Mamappe Srinivasa and Sri. Vikram Prabhakar; 21) Old Survey No.33 new Survey No.107, now bifurcated and assigned new Survey No.107/1, measuring 13.12 guntas (out of 1 acre 06 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.3038/2017- 18, dated 01.07.2017 in the office of the Sub- Registrar, Doddaballapur, in favour of the 25 th defendant Smt. A.P. Shylaja: 22) Old Survey No.33, new Survey No.107, now bifurcated and assigned new Survey No.107/4, measuring 10 guntas (out of 1 acre 06 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.403/2017- 18, dated 15-04-2017, In the office of the Sub- Registrar, Doddaballapur, in favour of the 26 th defendant Smt. Kousalya Shankar; 23) Old Survey No.33/P1, new Survey No.112, measuring 1.00 acre in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk registered as No.6226/2013-14, dated 07-10-2013, in the office of the Sub-Registrar, Doddaballapur, in favour of the 27 th defendant Smt. Kousalya Shankar; 24) Old Survey No.33/P21, new Survey No.122, now bifurcated and assigned new Survey No.122/2, measuring 7.08 guntas (out of 2 acres 10 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.3289/2015- 16, dated 04-07-2015, in the office of the Sub- Registrar, Doddaballapur, in favour of the defendants No.28 & 29 Sri. Ronald Olivera and Smt. Smitha Makrin Olivera; 25) Old Survey No.33/P21, new Survey No.122, now bifurcated and assigned new Survey No.122/3, measuring 6.08 guntas (out of 2 acres 10 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.13004/2014-15, dated 20-03-2015, in the office of the Sub-Registrar, Doddaballapur, in favour of the 30 th defendant Sri. Ronald Olivera and Smt. Smitha Makrin Olivera; 25) Old Survey No.33/P21, new Survey No.122, now bifurcated and assigned new Survey No.122/3, measuring 6.08 guntas (out of 2 acres 10 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.13004/2014-15, dated 20-03-2015, in the office of the Sub-Registrar, Doddaballapur, in favour of the 30 th defendant Sri. Roshan D' Souza; 26) Old Survey No.33/P27, new Survey No.125, now bifurcated and assigned new Survey No.125/1, measuring 06 guntas (out of 1.00 acre) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.483/2008-09, dated 01- 03-2008, in the office of the Sub-Registrar, Doddaballapur, in favour of the 35 th defendant Sri. D.C.Anand Babu; 27) Old Survey No.33/P27, new Survey No.125, now bifurcated and assigned new Survey No.125/2, measuring 16 guntas (out of 1.00 acre) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.166/2012-13, dated 10- 04-2012, in the office of the Sub-Registrar, Doddaballapur, in favour of the 36 th defendant Sri. B.G.Vasu; 28. Old Survey No.33/P27, new Survey No.125, now bifurcated and assigned new Survey No.125/3, measuring 18 guntas No 1.00 acre) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.7674/2013-14, dated 25- 11-2013, in the office of the Sub-Registrar, Doddaballapur, in favour of the 37 th defendant Sri.K.Vasudeva Reddy; 20) Old Survey No.33/P12, new Survey No.131, now bifurcated and assigned new Survey No.131/2, measuring 22.08 guntas (out of 1.00 acre) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.55/2012- 13, dated 03-04-2012, in the office of the Sub- Registrar, Doddaballapur, in favour of the 38 th defendant Sri. Stroney Joseph Payes; 30) Old Survey No.33/P20, new Survey No.133, measuring 12 guntas (out of 1.00 acre) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.8182/2007-08, dated 27-02-2008, in the office of the Sub-Registrar, Doddaballapur, in favour of the 39 th defendant Sri. D.C. Anjaneyulu; 31) Old Survey No.33/P20, new Survey No.133, measuring 05 guntas (out of 1.00 acre) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.482/2008-09, dated 01-03-2008, in the office of the Sub-Registrar, Doddaballapur, in favour of the 40 th defendant Sri. K. Shekar Shetty; 32) Old Survey No.134, new Survey No.134/2, measuring 10 guntas (out of 1 acre 10 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.2421/2014-15, dated 07-06-2014, in the office of the Sub-Registrar, Doddaballapur, in favour of the 46 th defendant Sri. K. Shekar Shetty; 32) Old Survey No.134, new Survey No.134/2, measuring 10 guntas (out of 1 acre 10 guntas) in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.2421/2014-15, dated 07-06-2014, in the office of the Sub-Registrar, Doddaballapur, in favour of the 46 th defendant Sri. P. Selva Kumar; 33) Old Survey No.33/P43,new Survey No.140, measuring 30 guntas in Gunjur Village, Tubagere Hobli, Doddaballapur Taluk, registered as No.8441/2014-15, dated 01-12-2014, in the office of the Sub-Registrar, Doddaballapur, in favour of the defendant 47 th defendant Smt. H.V. Radha; are not binding on the legitimate right and share of the plaintiffs in the schedule properties; c) Grant Permanent Injunction restraining the defendants, their agents power of attorney holders and anybody else acting on their behalf from alienating the schedule properties or any portion/s thereof to anybody in any manner; d) Grant such other relief/s this Hon'ble Court may deem fit in the facts and circumstances of the case, including costs of this suit in the interest of justice and equity. SCHEDULE PROPERTIES 1. Survey No.72/1, measuring 1 acre 21 guntas, situated at Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk. 2 Survey No.73/1, measuring 16 guntas and Survey No.73/2, measuring 16 guntas, both totally measuring 32 guntas, situated at Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, commonly bounded on the: East by : Thimma Reddy's land West by : Raju's land North by : Government Bande South by : Muninanjappa's land 3. Survey No.73/3, measuring 30 guntas, situated at Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, commonly bounded on the: East by:Road & Property of Shiva Shankar in Sy.No.73/3 West by:Muniramaiah's land North by:Motappa's land South by:Krishna Reddy's land 4. Survey No.75/1, new Survey No.75/5, measuring 1 acre 07 guntas, situated Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, bounded on the : East by : Survey No.75/1 West by : Sreenivas’s Land North by : Road South by : Government land 5. Survey No.75/2, measuring 10½ guntas, situated at Chokkanahalli Village, Yelahanka Hobli, Bangalore North Taluk, bounded on the East by : Remaining land in Survey No.75/2 belongs to Abdul Gafoor West by: Land belongs to Roopa Singh North by : 40 Feet Road south by: Remaining land in Survey No.75/2 belongs to N. Sampangiramaiah and Abdul Gafoor 6. Survey No.103, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 7. Survey No.103, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 7. Survey No.104, measuring 30 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 8. Survey No.105, measuring 30 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 9. Old Survey No.33, new Survey Nos. 107/1, 107/2, 107/3 & 107/4, measuring 1 acre 06 guntas, situated at Gunjur Village, Tubagere Hobli, 10. Survey No.108, measuring 25 guntas, situated at Gunjur Village, Tubagere Hobli, 11. Survey No.112, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 12. Survey No.113, measuring 30 guntas, situated at Gunjur Village, Tubagere Hobu, Deadaballapur Taluk. 13. Survey No.114/1 measuring 1 acre 21 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 14. Survey No.114/2, measuring 5.08 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 15. Survey No.114/3, measuring 5.08 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 16. Survey No.115/1, measuring 13.08 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 17. Survey No.115/2, measuring 03 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 18. Survey No.115/3, measuring 13.08 guntas, situated at Gunjur Village, Tubagere Hobli, 19. Survey No.118/1, measuring 21 guntas, situated at Gunjur Village, Tubagere Hobli, 20. Survey No.119/2, measuring 15 guntas, situated at Gunjur village, Tubagere Hobli, Doddaballapur Taluk. 21. Survey No.122, new Survey Nos.122/1, 122/2 & 122/3, measuring 2 acres 10 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 22. Survey No.124/3, measuring 36 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 23. Old Survey/No.33/P27, new Survey Nos.125/1, 125/2 & 125/3, measuring 1.00 acre situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 24. Survey No.126 measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 25. Survey No.127, measuring 25 guntas, situated at Gunjur village, Tubagere Hobli, Doddaballapur Taluk. 26. Survey No.129, measuring 35 guntas, situated at Gunjur village, Tubagere Hobli, 27. Survey No.130/1, measuring 21 guntas, situated at Gunjur village, Tubagere Hobli, 28. Old Survey No.33/P12, new Survey Nos. 131/1 & 131/2, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 29. Old Survey No.33/P20, new Survey Nos. 133, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 30. Survey No.134, measuring 1 acre 10 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 31. Old Survey No.33/P43, new Survey No.140, measuring 1.30 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 32. 29. Old Survey No.33/P20, new Survey Nos. 133, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 30. Survey No.134, measuring 1 acre 10 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 31. Old Survey No.33/P43, new Survey No.140, measuring 1.30 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 32. Survey No.141, measuring 20 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 33. Survey No.142, measuring 20 guntas, situated at Gunjur Village, Tubagere Hobli, Doddoballapur Taluk. 34. Survey No.143, measuring 20 guntas, situated at Gunjur Village, Tubagere Hobli, boddaballapur Taluk. 35. Survey No.144, measuring 20 guntas, situated at Gunjur Village, Tubagere hobli, 36. Survey No. 132. Measuring 2 Acre 15. 8 gunta, Situated at Gunjur Village, Tubogere Hobli, 37. Survey No.134/1, Measuring 30 guntas situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 38. Survey No.135/1, Measuring 30 guntas situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 39. Survey No.135/2, Measuring 0.5 guntas situated at Gunjur village, Tubagere Habli, Daddaballapur Taluk. 40. Survey No.138, Measuring 30 Guntas situated at Gunjur Village, Tubagere Hobali, Doddaballapur Taluk. 41. Survey No.139, Measuring 28 Guntas Situated Gunjur Village, Tubagere Hobli, Daddaballapur Taluk. 42. Survey No.31/3, Meaturing 2 Acre situated Gunjur Village, Tubagere Hobli, Daddaballapur ??luk. 43. Survey No.89/1, Measuring 11 Guntas Situated Thanisandra Village, K. R. Puram Habli, Bengaluru East. 44. Survey No.80, measuring 2 acre 25 Guntas Situated kelagida Jugarahalli, Tubagere 45. Survey No.145, measuring 1 acre 13 guntas, situated at Gunjur Village, Tubagere Hobli, 46. Survey No.146, measuring 35 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 47. Survey No.147, measuring 23 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk 48. Survey No.148, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 49. Survey No.149, measuring 21 guntas, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 50. Survey No.150, measuring 1.00 acre, situated at Gunjur Village, Tubagere Hobli, Doddaballapur Taluk. 51. Survey No.73/4, measuring 11 guntas and 73/6 measuring 18.5 situated at chokkanahalli (v), yelahanka(h), Bengaluru (North).” 5. First defendant entered appearance and filed an application under Order VII Rule 11 of CPC seeking rejection of the plaint by contending that suit properties are the self- acquired properties. There are alienations that have already taken place from the year 2004 onwards and therefore suit filed by the plaintiffs is nothing but abuse of process of Court and sought for rejection of the plaint. 6. There are alienations that have already taken place from the year 2004 onwards and therefore suit filed by the plaintiffs is nothing but abuse of process of Court and sought for rejection of the plaint. 6. Learned trial judge after entertaining the objections of the plaintiffs, by impugned order rejected the application inter alia holding in paragraph number 12 to 15 as under: “12. Therefore if the plaint is subjected to scrutiny, it appears to me that it cannot be said that the plaint does not disclose cause of action. Because, in para 11 of the plaint, the plaintiffs have specifically averred that the cause of action for the suit arose since one year when the plaintiffs have been repeatedly demanding partition from the defendants No.1 to 3. Apart from this, reading of the plaint averments in its entirety makes it clear that there is a triable issue that would arise as to whether the suit schedule properties are joint family properties or the self- acquisition of 1 st defendant. At this juncture it is not possible to say that the suit is barred under any law muchless under Section 6 of the Hindu Succession Act as alleged. Therefore, over all reading of the plaint on a close scrutiny discloses cause of action to bring the suit. As a result, this Court finds absolutely there are no grounds to reject the plaint. 13. Next comes the question, whether averments made in the plaint indicates that the suit is barred by limitation. No doubt true that a plaint can also be rejected if the suit is barred by law of limitation as appeared from the plaint averments. Because bar of limitation is also a bar under law as specified in Order VII Rule 11(d) CPC. 14. Therefore, coming to the instant case, given a meaningful reading to the plaint averments what is forthcoming is that the plaintiffs have filed the suit for partition asserting that the suit schedule properties are joint family properties and have sought for declaratory reliefs in respect of alienations. Unless it is held that the suit schedule properties are joint family properties and they are entitled to a share, it cannot be declared that the alienations are not binding on them. Therefore partition is the main relief in the circumstances pleaded. Declaratory relief is ancillary to the main relief. Unless it is held that the suit schedule properties are joint family properties and they are entitled to a share, it cannot be declared that the alienations are not binding on them. Therefore partition is the main relief in the circumstances pleaded. Declaratory relief is ancillary to the main relief. It may not be out of context to mention here that there is no limitation prescribed for filing a suit for partition in respect of alleged joint family properties. It is unlike a case of ouster. Thus viewed from any angle, on a close scrutiny of entire plaint averments, I do not find any averments which discloses or indicates that the suit is barred by limitation. Therefore I see no grounds to reject the plaint in the suit on the ground of limitation. 15. To sum up, as already stated reading of the plaint averments indicates that there is cause of action to file the suit; it cannot be said that as appearing from the plaint averments, the suit is barred by limitation. The facts alleged needs to be tried. Therefore for all that has been stated herein above, I conclude that the plaint cannot be rejected. Thus, the instant application is untenable and hence deserves to be rejected.” 7. Being aggrieved by the same, the first defendant is before this court in this revision petition. 8. Sri Abhishek Patil, learned counsel for the petitioner reiterating the grounds urged in the petition vehemently contented that the trial Court did not properly appreciate the stand taken by the defendants with regard to the nature of the property and also the alienations that has taken place much earlier to the amendment to Section 6 of the Hindu Succession Act came into force. Therefore rejection of the application seeking rejection of plaint has resulted in grave miscarriage of justice and sought for allowing the revision petition. 9. Sri M.S. Varadarajan, learned counsel for the respondent No.1 supports the impugned order. 10. Having heard the arguments of the both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is crystal clear that the defence taken by the defendant No.1 has to be established before the trial Court after placing necessary oral and documentary evidence on record. 12. 10. Having heard the arguments of the both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is crystal clear that the defence taken by the defendant No.1 has to be established before the trial Court after placing necessary oral and documentary evidence on record. 12. It is settled principles of law and requires no emphasis that while considering the application under Order VII Rule 11 CPC, the Court is not required to hold a mini trial so as to find out the veracity of the allegations and counter allegations. 13. Further, the nature of the property being self acquired or otherwise is to be established by the first defendant by placing necessary oral and documentary evidence on record. 14. Likewise, alienees cannot have any better title what the first defendant possess in respect of the suit properties. 15. Ultimately, if the first defendant able to establish before the Court that the properties are self acquired properties of the first defendant and therefore, he had every power to alienate the properties in respect of other defendants, then the suit of the plaintiff would be necessarily dismissed. At that juncture, first defendant can seek for imposition of appropriate costs including the exemplary costs as is contemplated under Section 35A of CPC. 16. With that observation, following: ORDER (i) Civil Revision Petition is dismissed. (ii) No order as to costs.