This revisional application is arising out of an order of reversal while the learned trial Judge dismissed the plaint in view of failure to serve notice under Section 80 of the Code of Civil Procedure upon defendant No.3, the learned Appellate Court found that since the defendant No.3 did not raise such point, the plaint cannot be rejected.

2. The learned Counsel for the petitioner submits that the suit is bound to fail in absence of the defendant No.3. It is submitted that in the plaint, definite allegations have been made against the defendant No.3 of collusion and conspiracy with the other defendants. The plaintiffs subsequently filed an application for deletion of name of the petitioner No.3 from the plaint. It is admitted that such deletion, if allowed, would completely non-suit the plaintiff. It appears that an application for amendment of plaint was filed. The said application, however, was not heard prior to the disposal of Order 7 Rule 11 of the Code of Civil Procedure. It appears to this Court that the said application should have been heard prior to the hearing of the application filed under Order 7 Rule 11 of the Code of Civil Procedure.

3. The object of n