ORAL ORDER:- Heard the counsel for the parties. Perused the relevant pleadings.

2. A preliminary objection is taken on behalf of the plaintiffs that the applicant, who is a third party, cannot be permitted to seek relief “simplicitor” of vacating the ad-interim order passed by this Court on 17-10-2006 without a formal prayer for being joined as a party-defendant to the suit.

3. The applicant-third party, however, contends that the applicant is entitled for asking the relief simplicitor of vacating the order dated 17-10-2006 without being joined as a party to the suit. According to the applicant, this application has been filed under Order XXXIX, Rule 4 of the Civil Procedure Code, which permits even a third-party to apply for vacating an interim order passed by the Court.

4. To my mind, going by the language of Order XXXIX, Rule 4, the plaintiffs are right in contending that such an application cannot be entertained at the instance of a “third-party” to the suit; for the expression employed in Rule 4 is "any party". That expression would necessarily mean that only a party to the suit can invoke the remedy under Order XXXIX, Rule 4 of the Civil Procedure Code. There is marked distin

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