Rajiv Shakdher, J.

IA No. 12530/2000 (O. 7 R. 11 and S. 151 of CPC by Deft. No. 5)

1. By this order I propose to dispose of the captioned application, which has been filed by R.K.S. India Pvt. Ltd. erstwhile defendant No. 5 (hereinafter referred to as "RKS") under the provisions of Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 (in short, "CPC").

2. At the outset, as it is evident, this application has been pending for the last 10 years. The parties to date have not led evidence. In this context, there are two orders which I must refer to right in the beginning.

2.1 First, is the order dated 24.01.2001 wherein, it has been noticed that the applicant/RKS had filed an application under Order VII Rule 11 CPC read with Section 151 CPC for dismissal of the suit on the ground of lack of cause of action, and on the ground of jurisdiction. The court observed that this objection be taken as a preliminary objection in the written statement which would be considered as a preliminary issue. The court, further went on to observe that the said application shall be decided by way of decision on the preliminary issue arising out of the written statement. Accordingly, defe