( 1 ) ALONG with the suit an application was filed by the plaintiff under Order 39 Rules 1 and 2 C. P. C. praying for ex-parte order in mandatory form directing the defendant No. 1 to shift the goods from Bombay to I. C. D. New Delhi and directing defendant No. 3 not to auction the plaintiffs goods stucked in the container. After hearing learned counsel for the plaintiff, an order was made on 28th February, 1995 directing the defendants that till next date the plaintiff s goods be not sold. Plaintiff was directed to comply with the provisions of Order 39 Rules 3 C. P. C. within two days. Notice was directed to be issued for 6th March, 1995. On 6th March, 1993 service report was still awaited. Learned counsel for the plaintiff stated that dasti notices could not be collected earlier and were collected on the same day. Fresh notices were directed to be issued for 20th March, 1995. On 20th March, 1995, Mr. O. P. Gaggar, appeared on behalf of defendant No. 1 while service report on defendants 2 and 3 was still awaited. On 8th May, 1995. Mr. Rajiv Nanda put in appearance on behalf of defendant No. 3 and took preliminary objection, without filing any reply to the miscellane