( 1 ) THIS appeal is directed from an order dated June 16, 2004 rejecting the application of the appellant/petitioner under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 (hereinafter referred to as C. P. C.)

( 2 ) IT appears from the facts that the appellant/petitioner applied before the Hon'ble First Court for dismissal of the suit on the ground that the suit is barred on the ground of multifariousness and bad for misjoinder of parties and misjoinder of causes of action.

( 3 ) IT appears from the facts that the instant suit was filed by the plaintiffs (respondents herein) and the plaintiff No. 1 pleaded that the appellant/petitioner (the defendant) is a registered stock broker of the calcutta Stock Exchange (hereinafter referred to as the CSE) and also a registered broker with the Securities and Exchange Board of India (hereinafter referred to as the SEBI ). The respondent No. 1 (plaintiff No. 1) at the request of the appellant/petitioner (defendant) lent and advanced from time to time during 19th April, 1999 and 14th February, 2000 aggregating a sum of Rs. 15 lakhs. It is pleaded that the said loan was granted through one Mahendra kumar Nahata (hereinafter