JUDGMENT :

Vipin Sanghi, J.

By this order I propose to deal with I.A. No. 9649/2006 filed under Order 7 Rule 11 CPC and I.A. No. 9648/2006, filed under Order 1 Rule 10 CPC by the defendants.

2. By the aforesaid application under Order 7 Rule 11 CPC, it is contended that the plaint is liable to be rejected since it does not disclose a cause of action; that the suit has not been filed by a duly authorised person, and; that this Court has no territorial jurisdiction to entertain this suit.

3. I.A. No. 9648/2006 has been filed to say that defendant No. 1 is neither a necessary nor a proper party to the present suit and that he has been imp leaded as defendant No. 1 merely to avoid the proceedings being noticed by the defendants in the cause list and with a view to obtain an ex-parte ad interim order of injunction behind the back of the defendant No. 2 and 3.

4. Taking up the application under Order 7 Rule 11 CPC first, I proceed to deal with the objections that the plaint and the documents filed with it, do not disclose a cause of action against the defendant.

5. While dealing with an application under Rule 11 of Order 7, in order to decide whether the plaint discloses any cause of action or