BABOO LALL JAIN, J.

( 1 ) THIS is an application on behalf of Nanalal M. Varma and Co. Ltd. the defendant No. 2 in this suit, made under O. 7, R. 11 of the Code of Civil Procedure, praying that the suit be permanently stayed as against them or alternatively the name of the defendant No. 2 Nanalal M. Varma and Co. Ltd. be deleted from the suit and/or the suit register. The case of the petitioner, in substance is that the plaint does not disclose any cause of action against the petitioner. According to the petitioner, it is not the case of the plaintiff, in the plaint, that the contracts, contain any provision enabling the petitioner to enforce the said contracts or to be personally bound by it. According to the petitioner the plaintiff has stated in the plaint, that the petitioner, was acting as agent of the defendant No. 1 and as such, the principal referred to in the plaint has been sued as defendant No. 1. According to the petitioner the suit as against the petitioner, the defendant No. 2 is barred under the provisions of S. 230 of the Contract Act, 1872 in so far as the defendant No. 2 is concerned. In the affidavit in opposition filed on behalf of the plaintiff/respondent, the

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