RAJIV SAHAI ENDLAW, J. 1. This petition under Article 227 of the Constitution of India has been preferred by the plaintiff in a suit before the trial court and with respect to the order dated 27th May, 2008 non-suiting the plaintiff and consigning the file to the record room. The petitioner/plaintiff has been non-suited on an application of the respondent/defendant in the suit, under Order 4 Rule 1(3) of the CPC.

2. The petitioner instituted the suit from which this petition arises for the relief of injunction restraining the respondent from interfering with the possession and use of the petitioner of an immovable property.

3. The counsel for the respondent at the outset took a preliminary objection as to the very maintainability of this petition. He contended that the suit before the trial court had been preferred by M/s Ansal Properties & Industries Ltd; however the petition before this court is preferred by M/s Ansal Properties & Infrastructure Ltd. He contends that the petitioner herein is not a party to the suit from which the petition arises and there is no explanation therefor in the body of the petition. The attention of the counsel has been invited to the memo of p