( 1 ) THIS is an appeal from an order rejecting the plaint in a suit. The plaintiffs claim to be the occupiers of premises No. 34, Netaji Subhas Road, Calcutta. The plaintiffs challenge the validity of an order of demolition of the premises in question passed on the 28th April, 1958, by the then Commissioner, Corporation of Calcutta. There are seven defendants to the suit. The first defendant is described as the "chief Executive Officer, Corporation of Calcutta working for gain at No. 5, Surendra Nath Banerjee Road, Calcutta"; the third defendant is described as the "city Architect, Corporation of Calcutta working for gain at No. 5, Surendra Nath Banerjee Road, Calcutta''; the second defendant is the Corporation of Calcutta. The plaint asks for a perpetual injunction restraining the defendants Nos. 1 to 3, their servants or agents from giving effect to the aforesaid order of demolition dated the 28th April, 1958. The plaintiffs obtained from the Trial Court a temporary injunction in terms of the prayer of the plaint during the pendency of the suit. The suit was set down for hearing on the preliminary question of the maintainability of the suit in the absence of the se