( 1 ) THIS is an application under O. 7, R. 11 of the Civil P. C. filed by the defendant No. 2, inter alia, praying for an order that the suit be dismissed against the defendant No. 2 and for other reliefs. Mr. Mitra, learned advocate for the defendant No. 3 refers to paragraph 3 of the plaint which is as follows :" The defendant No. 2 at all material times acted as the Steamer Agent of the defendant No. 1 in Calcutta and looked after the interest of the defendant No. 1, inter alia, in the matter of booking of freight and on going ship Chandlers etc. at the Port of Calcutta in respect of the Vessels under the ownership and/or Charter of the defendant No. 1. "mr. Mitra in paragraph 18 refers as follows :"the plaintiff states that the defendant No. 2 has been made a party herein so that the issues involved herein may be adjudicated in its presence and no relief is claimed as against the defendant No. 2. "it is submitted by Mr. Mitra that the plaintiff in the suit has not claimed any relief against the defendant No. 2 and the plaint does not disclose any cause of action against the defendant No. 2. Mr. Mitra refers to the provision of O. 7, Rr. 11 (a) and (d) of the C