( 51 ) LASTLY it is urged that if a conclusion adverse to the plaintiffs is for withdrawal of the suit, the plaintiffs would like to go on with the suit as it is. There is startling naivete about the suggestion made by the learned counsel. If the suit is had because there is no proper suit, the law casts a duty on the court to reject the plaint. I therefore do not see how the plaintiffs can be allowed to go on with the suit which in my opinion is had for want of notice and which the plaintiffs themselves apprehend will fail in the end on that account.

( 52 ) THE result of the fore-going discussion is that the plaintiffs' application for withdrawal of the suit is dismissed and the plaint filed by them is rejected under Order 7 Rule ll (d) Civil Procedure Code The plaintiffs will also pay costs incurred sc far by defendants I to 5.

Hardayal Hardy, J.

( 1 ) THE title of the suit gives the names of two plaintiffs, but in reality the plaintiff is only one as the second plaintiff Goodwill Pictures Limited is merely the old name of the first plaintiff Goodwill India Limited. The suit is for a declaration that the plaintiffs are the owners of certain immovable property the market value of w

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