S.L. BHAYANA, J. This is an application filed by the Applicants/Defendants under Order I Rule 10 read with Order VII Rule 11 and under Section 151 of CPC, seeking deletion of defendant No.1 from the array of the parties.

2. Factual background of the instant suit from which the particular controversy arises is that the plaintiffs have, vide agreement, dated 27/12/2006, decided to sell of their shares of defendant No.1, i.e, Company, M/s Goel Rolling Mills Pvt. Ltd, having its registered office at 32, Todermal Colony, Najafgarh, New Delhi. Defendant Nos.2 & 3 have agreed to purchase 12500 equity shares for a total consideration of Rs.41,50,000/-. In order to obtain the recovery of the above mentioned amount, the plaintiffs have filed the instant suit thereby also impleaded M/s.Goel Rolling Mills Pvt. Ltd as Defendant No.1.

3. To support this application, Defendant No.1 has made the following submission that there was no privity of contract between the Plaintiff No.1 and Defendant No.1. Defendant No.1 was never a party to the agreement dated 27/12/2006, which was executed and signed by Defendant No. 2 and Defendant No. 3 in their individual capacity for sale and purchase