Ruma Pal, J.

The order dated 21st November, 1994, passed by this Court on the application of the defendant No.2 for taking the plaint off the file, is recalled. The application was heard and the order was passed without hearing the submission of the plaintiffs who were not represented by Counsel when the hearing was going on. At the time when the order was being dictated, the learned Counsel for the plaintiffs appeared and prayed for leave to make submissions at that stage This Court was of the view that the order would stand unless the plaintiffs could convince the Court that the said order had been wrongly passed. It appears now that this would unnecessarily complicate the matter as it would require hearing in a matter which has already been technically disposed of.

2. Accordingly, the matter is treated on the Day's List and is disposed of after giving the parties an opportunity of being heard.

3. At today's hearing it was argued that the suit is liable to be rejected basically on three grounds. The first ground is that one of the grounds on which the suit has been filed were maintainable in law. The second ground is that the suit was bad for mis-joinder of causes of actio