( 1 ) THIS APPEAL ARISES OUT OF THE JUDGMENT AND ORDER PASSED on JANUARY 31, 2003 BY THE LEARNED ADDITIONAL DISTRICT judge IN SUIT NO. 121/2000 DISMISSING THE SAID SUIT.

( 2 ) THE SUIT WAS INSTITUTED BY THE APPELLANT AS THE plaintiff AGAINST THE RESPONDENTS-DEFENDANTS. IN THE cause TITLE OF THE PLAINT, THE APPELLANT-PLAINTIFF described ITSELF AS FOLLOWS:- "m/s. MIRAJ MARKETING CORPORATION (REGD) 206, IIND FLOOR, MIRAJ PLAZA, EAST PATEL NAGAR, DELHI-8" [through ITS AUTHORISED REPRESENTATIVE] MR. AMITABH SHARMA the ORIGINAL PLAINT FILED BY THE PLAINTIFF WAS AMENDED subsequently AND IN THE AMENDED PLAINT ALSO THE APPELLANT- plaintiff DESCRIBED ITSELF AS ABOVE. IN PARAGRAPH 1 OF the PLAINT THE PLAINTIFF STATED THAT THE PLAINTIFF IS A proprietorship FIRM HAVING ITS OFFICE AT THE aforementioned ADDRESS. THE SAID SUIT WAS INSTITUTED BY the APPELLANT-PLAINTIFF SEEKING FOR A DECREE FOR RECOVERY of RS. 4,34,600/- ALONG WITH PENDENTE LITE AND FUTURE interest FROM THE DATE OF INSTITUTION OF THE SUIT TILL realisation. 3. IN THE WRITTEN STATEMENT FILED BY THE DEFENDANTS, certain PRELIMINARY OBJECTIONS WERE RAISED. ONE OF THE said OBJECTIONS WAS THAT THE PLAINT HAD NOT BEEN