ORDER : V SRISHANANDA, J. Heard Sri S.V. Bhat, learned counsel for the revision petitioner in these two matters and Sri. A. Madhusudhan Rao, who appeared for co-defendants and supported the arguments of Sri S. V. Bhat. 2. Insofar as first respondent is concerned, he was represented by Sri. Shashi Kumar who reported to the Court that the power of attorney holder of the plaintiff is no more and therefore he has no instructions from the plaintiff to proceed with the case. 3. The defendant No.13 in O.S No.3351/2013 and defendant No.2 in O.S.No.3352/2013 are the revision petitioners in both these matters. 4. Both these matters challenging the dismissal of the application filed by her in the respective suits under Order VII Rule 11 of Code of Civil Procedure. 5. Facts in the nutshell for the disposal of both the revision petitions are as under: 6. Two suits in O.S.No.3351/2013 and O.S.No.3352/2013 came to be filed practically on similar averments, but with respect to different properties involved in both the suits. 7. Reliefs claimed in the said suits as well as the property involved in the said suits are culled out hereunder for ready reference. IN O.S.NO.3351/2013 “WHEREFORE, the plaintiff most humbly pray that this Hon'ble Court pleased to pass a judgment and decree: (a) Directing the defendants I to 13 to effect partition of the 'A' schedule properties by meets and bounds to deliver possession thereof to the extent of 1/3 rd share of the plaintiff in respect of the 'A' schedule properties notwithstanding the partition deed dated 19.12.2005 which is not binding on the plaintiff; (b) To declare that the Sale deed dated 28.02.2007 registered as document No.4994/2006-07. Book No.1, stored in C.D No.SHVD77 in the office of the Sub Register Shivajinagar, Bangalore in respect of the ‘B’ schedule properties as null and void and at any rate not binding the plaintiff; (c) Award costs of the suit; (d) Pass such other orders as this Hon'ble Court may deem fit and proper under the circumstances of the case, in the ends of justice and equity.” SCHEDULE ‘A’ PROPERTIES ITEM NO.1 Property bearing Old Corporation No.40, New No.68, Survey No.82, situated a Jogupalya Main Road, Ulsoor, Bangalore – 560 008 totally measuring 66,056 sq. ft. ft. Being bounded on the: Direction Location East Doddaiah Layout Main Road West Corporation Boys High School North Doddaiah Layout South Jogupalya Main Road The above property was divided into 6 portions under the Partition Deed dated 09.12.2005 as under: (a) Smt. Rajamma was allotted 2000 Sq. Ft. which is bounded as follows: Direction Description East Portion allotted to Kamalamma West Portion allotted to Dr.D.Gopal North Residential buildings South Portion allotted to Dr.D.Gopal (b) Dr.D.Gopal was allotted 16,056 sq. Ft which is bounded as follows: Direction Description East Portion allotted to Smt. Kanthamma and Smt. Rajamma Rajanna D. West Corporation School North Doddaiah Layut Residential Buildings and portion allotted to Smt. Rajamma Rajanna D. South Jogupalya Main Road (c) Smt.Kanthamma was allotted 12,000 sq. ft which is bounded as follows: Direction Description East by B.Doddaiah Layut Road formed by Bangalore Mahanagar Palike by Order in O.S.No.10553/1981 West by Property allotted to Adilakshmi North by Doddaiah Layout Residential Buildings South by Jogupalya Main Road (d) Smt.C.Kamalamma @ D.Kempama was allotted 12,000 sq. ft which is bounded as follows: Direction Description East Property allotted to Smt. Leelavathi West Property allotted to Dr. D. Gopal and Smt. Rajamma Rajanna D. North Doddaiah Layout Residential Buildings South Jogupalya Main Road (e) Sri M.Yadakumar, Sri M.Srinivasand Smt.Mohanadevi @ Shanthikumari was allotted 12,000 sq. ft which is bounded as follows: Direction Description East by Property allotted to Smt. Adilakshmi West by Property allotted to Smt. Kanthamma North by Residential Buildings South by Jogupalya Main Road (f) Smt.Adilakshmi was allotted 12,000 sq. ft which is bounded as follows: Direction Description East by Property allotted to Smt. Kanthamma West by Property allotted to Lrs. Of Smt. Leelavathi North by Residential Buildings South by Jogupalya Main Road ITEM NO.2 Property Bearing Survey No.12/5 measuring 1 acre 27 guntas of erstwhile Ulsoor Village, present Municipal No.31, 1 st cross, Someshwarapuram, Ulsoor, Bangalore-560 008 and bounded on the : Direction Description East Private Property West 1st Cross, Someshwarapuram North Road South Shree Sai Baba Mandir Road The above property was divided into 5 portions under the Partition Deed dated 09.12.2005 as under: (a) Smt.Rajamma was allotted 9804 Sq.Ft and bounded as follows: Direction Description East by Portion allotted to Gnanaprakash Gopal West by Portion allotted to Dr.D.Gopal North by Road South by Portion allotted to Vijayabhanu Prakash (b) Sri Gnanaprakash Gopal was allotted 9804 Sq. Ft and bounded as follows: Direction Description East Residential Buildings West Portion allotted to Rajamma Rajanna D North Road South Portion allotted to Jyothi (c) Smt.Jyothi was allotted 9804 Sq. Ft and bounded as follows: Direction Description East Residential Buildings West Portion allotted to Vijayabhanu Prakash Gopal North Portion allotted to Gnana Pakash Gopal South Sai Baba Temple Road (d) Smt.Vijaya Banuprakash Gopal, allotted 9804 Sq. Ft and bounded as follows: Direction Description East Portion allotted to Smt. Jyothi West Portion allotted to Dr. D. Gopal North Portion allotted to Smt. Rajamma Rajanna South Sai Baba Temple Road (e) Dr.D.Gopal allotted 34,317sq.ft and bounded as follows: Direction Description East by Portion allotted to Rajamma Rajanna and Vijaya Bhanu Prakash Gopal West by 1st Cross, Someshwarapuram Layout North by Road South by Sai Baba Temple Road ITEM NO.3: Property bearing Municipal No.22 and 22A new No.49, “Doddaiah Nilaya” Jogupalya Main Road, Ulsoor, Corporation Division No.51, Bangalore -560 008 totally measuring about 2973 Sq.Ft and bounded on the : Direction Description East by No.1, G.No.3rd Street, Jogupalya, Ulsoor West by Private Property North by Property No.1, G.No.3rd Street, Jogupalya, Ulsoor South by Jogupalya Main Road (The above property is divided into two portions as per the partition deed dated 09.12.2005 wherein the Eastern half portion is allotted to the share of Smt.Rajamma and western half portion is allotted to Shri Gnana Prakash Gopal) ITEM NO.4: (a) Property bearing No.2A measuring 1190 sq. ft situated in B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 and bounded on the : Direction Boundary East by Site No.3 “A” West by Site No.1 “A” North by Site No.2 South by 80 Feet Road (b) Property bearing No.23-A measuring 1190 sq. ft situated at B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 and bounded on the : Direction Description East by Site No.23 West by Site No.24 North by Road South by Private property (c) Property bearing No.26 measuring 1200 sq. ft situated in B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 and bounded on the : Direction Details East by Site No.25 West by Site No.27 North by Road South by Corporation School ITEM NO.5 (a) Property bearing Nos.12A, 13 and 13A situated at Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 shown in sketch –II appended to this deed. ft situated in B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 and bounded on the : Direction Details East by Site No.25 West by Site No.27 North by Road South by Corporation School ITEM NO.5 (a) Property bearing Nos.12A, 13 and 13A situated at Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 shown in sketch –II appended to this deed. Direction Reference East by Site No.11A West by Site No.9 North by Site No.10 South by Road (b) Site No.12A measuring 1968 sq. ft and bounded on the : Direction Site/Road East Site No.13A West Site No.11A North Site No.12 South Road (c) Site No.13 measuring 453 sq. ft and bounded on the : Direction Details East Road West Site No.12 North Road South Site No.13-A (d) Site No.13-A measuring 750 Sq. ft and bounded on the : Direction Description East Road West Site No.12A North Site No.13 South Road ITEM NO.6 : Properties bearing Nos.6 and 6A situated at B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560008. (a) Site No.6 measuring 1624 Sq. ft and bounded on the : Direction Description East Site No.7 West Road North Road South Site No.6A (b) Site 6A measuring 1340 Sq.ft and bounded on the: Direction Boundary East Site No.7A West Road North Site No.6 South Road ITEM NO.7 Commercial Property bearing No.105/A to 105/F, New Nos.78 to 82 ground and first floor, No.43, old Madras Road, Ramaiah Circle, Ulsoor, Bangalore -560 008, measuring about 53 feet x 42 feet and bounded on the : Direction Location East Ramaiah Circle West Road North Old Madras Road South Private Property ITEM NO.8 Commercial Property bearing No.164, 165, 166, 167 and 168 (Old Nos.6, 7, 8, 8/1 and 8/2), Bazaar Street, Ulsoor, Bangalore – 560 008 measuring about 38½ft. and 28. ½ft. consisting of ground and first floor and bounded on the : Direction Description East Private Property West Private Property North Bazaar Street South Conservancy Lane ITEM NO.9 The residential house property bearing No.18(Old No.02), Nandanavana B street, Jogupalya, Ulsoor, Bangalore – 560 008 measuring about 51 x 28 totalling 1428 sq. ft built up area 1400 sq. and 28. ½ft. consisting of ground and first floor and bounded on the : Direction Description East Private Property West Private Property North Bazaar Street South Conservancy Lane ITEM NO.9 The residential house property bearing No.18(Old No.02), Nandanavana B street, Jogupalya, Ulsoor, Bangalore – 560 008 measuring about 51 x 28 totalling 1428 sq. ft built up area 1400 sq. ft and bounded on the: Direction Description East Road West Private Property North Private Property South Private Property And any such other property which was owned and possessed by late B.Doddaiah and Smt.Nanjamma SCHEDULE ‘B’ PROPERTY All that piece and parcel of property bearing Municipal No.31/1, 1 st Cross, Someswarapura, Ulsoor, Corporation Division No.75, Bangalore- 560 008, measuring 9804 Sq. Ft and bounded on the : Direction Description East Private Property West Property bearing Municipal No.31 North Road South Property bearing Municipal No.31/2 IN O.S.NO.3352/2013 “WHEREFORE, the plaintiff most humbly pray that this Hon'ble Court pleased to pass a judgment and decree: (a) Directing the defendants I to 3 to effect partition of the 'A' schedule properties by meets and bounds to deliver possession thereof to the extent of 1/3 rd share of the plaintiff in respect of the 'A' schedule properties notwithstanding the partition deed dated 19.12.2005 which is not binding on the plaintiff; (b) To declare that the Sale deed dated 28.02.2007 registered as document No.4992/2006-07, Book No.1, stored in C.D No.SHVD77 in the office of the Sub Register, Shivajinagar, Bangalore in respect of the ‘B’ schedule properties as null and void and at any rate not binding the plaintiff; (c) To declare that the Sale deed dated 19.02.2007 registered as document No.4814/2006-07, Book No.1 stored in C.D No.SHVD76 in the office of the Sub Register Shivajinagar, Bangalore said to have been executed by the mother of the plaintiff in respect of the ‘C’ schedule property is null and void. (d) Award costs of the suit; (e) Pass such other orders as this Hon'ble Court may deem fit and proper under the circumstances of the case, in the ends of justice and equity.” SCHEDULE ‘A’ PROPERTIES ITEM NO.1 Property bearing Old Corporation No.40, New No.68, Survey No.82, situated a Jogupalya Main Road, Ulsoor, Bangalore – 560 008 totally measuring 66,056 sq. ft. ft. Being bounded on the: Direction Location East Doddaiah Layout Main Road West Corporation Boys High School North Doddaiah Layout South Jogupalya Main Road The above property was divided into 6 portions under the Partition Deed dated 09.12.2005 as under: (a) Smt. Rajamma was allotted 2000 Sq. Ft. which is bounded as follows: Direction Description East Portion allotted to Kamalamma West Portion allotted to Dr.D.Gopal North Residential buildings South Portion allotted to Dr.D.Gopal (b) Dr.D.Gopal was allotted 16,056 sq. Ft which is bounded as follows: Direction Description East Portion allotted to Smt.Kanthamma and Smt.Rajamma Rajanna D. West Corporation School North Doddaiah Layout Residential Buildings and portion allotted to Smt.Rajamma Rajanna D. South Jogupalya Main Road (c) Smt.Kanthamma was allotted 12,000 sq. ft which is bounded as follows: Direction Description East B.Doddaiah Layout Road formed by Bangalore Mahanagar Palike by Order in O.S.No.10553/1981 West Property allotted to Adilakshmi North Doddaiah Layout Residential Buildings South Jogupalya Main Road (d) Smt.C.Kamalamma @ D.Kempama was allotted 12,000 sq. ft which is bounded as follows: Direction Description East by Property allotted to Smt. Leelavathi West by Property allotted to Dr. D. Gopal and Smt. Rajamma Rajanna D. North by Doddaiah Layout Residential Buildings South by Jogupalya Main Road (e) Sri M.Yadakumar, Sri M.Srinivasand Smt.Mohanadevi @ Shanthikumari was allotted 12,000 sq. ft which is bounded as follows: Direction Description East by Property allotted to Smt. Adilakshmi West by Property allotted to Smt. Kanthamma North by Residential Buildings South by Jogupalya Main Road (f) Smt.Adilakshmi was allotted 12,000 sq. ft which is bounded as follows: Direction Description East Property allotted to Smt.Kanthamma West Property allotted to Lrs. Of Smt.Leelavathi North Residential Buildings South Jogupalya Main Road ITEM NO.2 Property Bearing Survey No.12/5 measuring 1 acre 27 guntas of erstwhile Ulsoor Village, present Municipal No.31, 1 st cross, Someshwarapuram, Ulsoor, Bangalore-560 008 and bounded on the : Direction Description East Private Property West 1st Cross, Someshwarapuram North Road South Shree Sai Baba Mandir Road The above property was divided into 5 portions under the Partition Deed dated 09.12.2005 as under: (a) Smt.Rajamma was allotted 9804 Sq.Ft and bounded as follows: Direction Description East Portion allotted to Gnanaprakash Gopal West Portion allotted to Dr.D.Gopal North Road South Portion allotted to Vijayabhanu Prakash (b) Sri Gnanaprakash Gopal was allotted 9804 Sq. Ft and bounded as follows: Direction Description East Residential Buildings West Portion allotted to Rajamma Rajanna D North Road South Portion allotted to Jyothi (c) Smt.Jyothi was allotted 9804 Sq. Ft and bounded as follows: Direction Description East Residential Buildings West Portion allotted to Vijayabhanu Prakash Gopal North Portion allotted to Gnana Pakash Gopal South Sai Baba Temple Road (d) Smt.Vijaya Banuprakash Gopal, allotted 9804 Sq. Ft and bounded as follows: Direction Boundary East Portion allotted to Smt. Jyothi West Portion allotted to Dr. D. Gopal North Portion allotted to Smt. Rajamma Rajanna South Sai Baba Temple Road (e) Dr.D.Gopal allotted 34,317sq.ft and bounded as follows: Direction Description East Portion allotted to Rajamma Rajanna and Vijaya Bhanu Prakash Gopal West 1st Cross, Someshwarapuram Layout North Road South Sai Baba Temple Road ITEM NO.3: Property bearing Municipal No.22 and 22A new No.49, “Doddaiah Nilaya” Jogupalya Main Road, Ulsoor, Corporation Division No.51, Bangalore -560 008 totally measuring about 2973 Sq.Ft and bounded on the : Direction Details East by No.1, G.No.3rd Street, Jogupalya, Ulsoor West by Private Property North by Property No.1, G.No.3rd Street, Jogupalya, Ulsoor South by Jogupalya Main Road (The above property is divided into two portions as per the partition deed dated 09.12.2005 wherein the Eastern half portion is allotted to the share of Smt.Rajamma and western half portion is allotted to Shri Gnana Prakash Gopal). ITEM NO.4: (a) Property bearing No.2A measuring 1190 sq. ft situated in B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560008 and bounded on the : Direction Description East by Site No.3 “A” West by Site No.1 “A” North by Site No.2 South by 80 Feet Road (b) Property bearing No.23-A measuring 1190 sq. ft situated at B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 and bounded on the : Direction Details East by Site No.23 West by Site No.24 North by Road South by Private property (c) Property bearing No.26 measuring 1200 sq. ft situated in B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 and bounded on the : Direction Description East Site No.25 West Site No.27 North Road South Corporation School ITEM NO.5 Property bearing Nos.10A, 12A, 13 and 13A situated at Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008 shown in sketch –II appended to this deed. (a) Site No.10A measuring 1682 Sq. (a) Site No.10A measuring 1682 Sq. ft and bounded on the Direction Location East Site No.11A West Site No.9 North Site No.10 South Road (b) Site No.12A measuring 1968 sq. ft and bounded on the : Direction Site/Road East Site No.13A West Site No.11A North Site No.12 South Road (c) Site No.13 measuring 453 sq. ft and bounded on the Direction Location East Road West Site No.12 North Road South Site No.13-A (d) Site No.13-A measuring 750 Sq. ft and bounded on the : Direction Reference East Road West Site No.12A North Site No.13 South Road ITEM NO.6 : Properties bearing Nos.6 and 6A situated at B.Doddaiah Layout, Jogupalya Main Road, Ulsoor, Bangalore-560 008. (a) Site No.6 measuring 1624 Sq. ft and bounded on the : Direction Reference East Site No.7 West Road North Road South Site No.6A (b) Site 6A measuring 1340 Sq.ft and bounded on the: Direction Description East Site No.7A West Road North Site No.6 South Road ITEM NO.7 Commercial Property bearing No.105/A to 105/F, New Nos.78 to 82 ground and first floor, No.43, old Madras Road, Ramaiah Circle, Ulsoor, Bangalore -560 008, measuring about 53 feet x 42 feet and bounded on the : Direction Description East Ramaiah Circle West Road North Old Madras Road South Private Property ITEM NO.8 Commercial Property bearing No.164, 165, 166, 167 and 168 (Old Nos.6, 7, 8, 8/1 and 8/2), Bazaar Street, Ulsoor, Bangalore – 560 008 measuring about 38½ft. and 28. ½ft. consisting of ground and first floor and bounded on the : Direction Boundary East Private Property West Private Property North Bazaar Street South Conservancy Lane ITEM NO.9 The residential house property bearing No.18(Old No.02), Nandanavana B street, Jogupalya, Ulsoor, Bangalore – 560 008 measuring about 51 x 28 totalling 1428 sq. ft built up area 1400 sq. ft and bounded on the Direction Description East Road West Private Property North Private Property South Private Property And any such other property which was owned and possessed by late B.Doddaiah and Smt.Nanjamma SCHEDULE ‘B’ PROPERTY All that piece and parcel of property bearing Municipal No.31/3, 1 st Cross, Someswarapura, Ulsoor, Corporation Division No.75, Bangalore- 560 008, measuring 9804 Sq. ft and bounded on the Direction Description East Road West Private Property North Private Property South Private Property And any such other property which was owned and possessed by late B.Doddaiah and Smt.Nanjamma SCHEDULE ‘B’ PROPERTY All that piece and parcel of property bearing Municipal No.31/3, 1 st Cross, Someswarapura, Ulsoor, Corporation Division No.75, Bangalore- 560 008, measuring 9804 Sq. Ft and bounded on the : Direction Details East Property bearing Municipal No. 31/2 West Property bearing Municipal No. 31/4 North Property bearing Municipal No. 31 South Sai Baba Temple Road; now known as Nanjamma Road SCHEDULE ‘C’ PROPERTY All that piece and parcel of property bearing municipal No.31/2, 1 st Cross, Someswarapura, Ulsoor, Corporation Division No.75, Bangalore- 560 008, measuring 9804 Sq. Ft and bounded on the : Direction Description East Residential buildings West Property bearing Municipal No.31 and 31/3 North Road South Sai Baba Temple Road 8. In the plaint, plaintiff was represented by his power of attorney holder Sri. Sampathkumar. He filed the suit for the aforesaid relief by contending that Sri Doddaiah, who is the grandfather of the plaintiff, acquired various properties during his lifetime. His grandmother Nanjamma also acquired few properties. Doddaiah and Nanjamma had three sons namely, Rajanna, Gopal and Chandrasekhar and four daughters namely, Kempamma alias Kamalamma, Leelavathamma, Kanthamma and Adilakshamma. Rajanna being the first son was married to Smt. Padmavathi and second son Gopal is married to Vijayalakshmi and third son married to Smt. Jyoti. 9. First defendant is the father of the plaintiff. Rajanna and Chandrasekhar did not have any issues in their marriage and therefore, Rajanna adopted Gnanaprakash as his son under adoption ceremony dated 02.07.1973 and registered before the Sub-Registrar on 28.08.1984. 10. Likewise, couple Chandrasekhar and Jyothi adopted plaintiff as their son as per the customs prevailing in their community on 18.07.1977 and reared plaintiff as their natural son and confirmation of the adoption was registered by deed of declaration on 24.08.1984. 11. Father of the plaintiff died on 12.02.1990 and mother of the plaintiff died on 06.01.2008. Grandfather of the plaintiff Doddaiah executed a Will during his lifetime which came into effect after his death on 11.10.1940 and Will left behind by Smt. Nanjamma was also brought to the notice of the children after her death. As per those documents, sons of Doddaiah and Nanjamma were entitled to hold equal share in the ‘A’ schedule property. 12. Grandfather of the plaintiff Doddaiah executed a Will during his lifetime which came into effect after his death on 11.10.1940 and Will left behind by Smt. Nanjamma was also brought to the notice of the children after her death. As per those documents, sons of Doddaiah and Nanjamma were entitled to hold equal share in the ‘A’ schedule property. 12. Plaintiff contended that he had pursued his studies in United States of America and became a practicing doctor in America. Properties which were left behind by his grandparents were looked after by his adoptive father Smt. Chandrasekhar and Sri Rajanna during their lifetime. After their demise, some arrangements have been made where all the persons were entitled for share in the properties including ancestral properties had codified by Dr. Gopal, the defendant No. 1 in O.S.No.3352/2013 and he was taking care of the properties concerned. 13. It is further contented that in the year 2005, defendant No. 1 came up with a proposal with the plaintiff that instead of properties idling in Bangalore, the usufructs thereof could be made better use of and he had negotiated with defendant No.3 for making appropriate arrangements in respect of the property so that the plaintiff could get regular income. 14. Further, plaintiff contended that the paternal aunt of plaintiff who is the daughter of Doddaiah approached the Court in seeking partition of their share in the suit property by filing a suit in O.S.No.4026/84 and that litigation ultimately reached before the High Court of Karnataka in RFA No.1161/2002. There was a compromise and the appeal was withdrawn. 15. When the matter stood thus, plaintiff was all along under the impression that he would be entitled for 1/3 rd share in the suit properties held jointly except the sites that were settled in favour of the daughters of Doddaiah. 16. When the matter stood thus, during January 2007 the first defendant represented that he had independently negotiating with certain third parties and for which he required a special power of attorney. Believing the first defendant, plaintiff executed the power of attorney who said to have colluded with the first defendant and certain transactions were carried out detrimental to the interest of the plaintiff and therefore, plaintiff filed the suit. 17. Believing the first defendant, plaintiff executed the power of attorney who said to have colluded with the first defendant and certain transactions were carried out detrimental to the interest of the plaintiff and therefore, plaintiff filed the suit. 17. The suit was resisted by the defendants contending that there is a registered partition deed whereby the properties including the share of the plaintiff got settled and plaintiff was represented through his power of attorney and therefore, suit is per se not maintainable. 18. Defendant No.13 in CRP No.270 of 2016, who is the second defendant in OS No.3352/2013, being the purchaser of one of the sites, filed an application under Order VII Rule 11 CPC. 19. The plaintiff opposed those applications in the respective suits. 20. Learned trial Judge heard the arguments of the parties and by impugned orders, dismissed the application filed by the revision petitioners in both the cases. 21. Being aggrieved by the same, petitioner is before this Court. 22. Sri S.V. Bhat, learned counsel for the revision petitioner reiterating the grounds urged in the revision petitions vehemently contended that there is a registered power of attorney executed by the plaintiff and based on said power of attorney, there was a registered partition deed and therefore, rights of the plaintiff got crystallized as per the said partition deed and ignoring the same, that too after a long period of time and filing the suit has thus resulted in not only abuse of process of law, but also the suits are per se barred by limitation and thus sought for allowing the revision petition. 23. As stated supra, Sri Madhusudhana Rao, who represents the co-defendants, supports the petitioner in both the cases. Whereas he pleaded his inability to proceed with the case inview of the death of the power of attorney holder of the plaintiff. 24. In the light of the argument put forth on behalf of the revision petitioner in both the cases, this Court perused the material on record meticulously. 25. On such perusal of the material of the material on record, as could be seen from the plaint averments, there is a dispute as to the power of attorney exceeding his limits in entering into registered partition deed. 25. On such perusal of the material of the material on record, as could be seen from the plaint averments, there is a dispute as to the power of attorney exceeding his limits in entering into registered partition deed. There is a specific averment in the plaint that the special power of attorney was granted only with regard to the management of the suit property as is requested by the first defendant who is none other than the natural father of the plaintiff. 26. Admittedly, the plaintiff was adopted by his junior uncle and aunt namely, Chandrasekhar and Jyothi, as they did not have issues. 27. Paternal aunts of plaintiff filed suit in O.S.4026/1984 which was carried up to this Court in RFA No.1161/2002, wherein some settlement took place and the appeal was withdrawn. In that settlement, some of the sites had been given to the paternal aunts and therefore, those properties are not now available for partition. 28. In the meantime, based on the alleged registered power of attorney, the defendants, have alienated portions of the suit property which according to the plaintiff is detrimental to his interest. 29. When serious allegations with regard to the power that was granted to the attorney by the plaintiff and when there is a specific allegation that agent of plaintiff has exceeded in his authority and has acted detrimental to the interest of the principal, evidence is necessary to appreciate the contentions raised by the plaintiff in the plaint. 30. If revision petitioner in both the cases is a bona fide purchaser for value, she has to establish the same as a defence in the pending suits. At any rate, only on the ground that there is a registered power of attorney and therefore suit is not maintainable cannot be a ground to reject the plaint at the threshold. 31. Further, whether the suit is barred by limitation, whether the agent has acted beyond his power of agency under the alleged power of attorney are all disputed questions. Therefore, by mathematical precision, this Court cannot hold that the suit is per se barred by limitation. 32. In other words, the question of limitation in the attendant facts and circumstances of the case is mixed question of law and facts. 33. Therefore, by mathematical precision, this Court cannot hold that the suit is per se barred by limitation. 32. In other words, the question of limitation in the attendant facts and circumstances of the case is mixed question of law and facts. 33. At the most, based on the rival contentions raised by the parties, an issue with regard to limitation would be raised by the trial Court. 34. However, if no such issue is raised in the trial Court, revision petitioner or any other party may file an application under Order XIV Rule 5 of Code of Civil Procedure and request the Court to raise an issue with regard to limitation and prove the same in accordance with law by placing necessary oral and documentary evidence on record. 35. Thus, reserving such liberty for the parties, including the revision petitioner in both the revisions, this Court is of the considered opinion that the dismissal of the application under Order VII Rule 11 of Code of Civil Procedure does not requires any interference that too in the revision. 36. Accordingly, the following: ORDER (i) Revision petition is meritless and hereby dismissed. (ii) It is made clear that this Court has not expressed any opinion on the merits of the matter and parties are at liberty to raise all issues and contest the same in accordance with law in the pending proceedings. (iii) Ordered accordingly.