ORDER :- This civil revision application is taken up for hearing ex parte. The respondents were not present at the time of the hearing.

2. The respondents filed a suit against M/s. V.N. Bandekar for recovery of the sum of Rs. 4,815.98/- being the amount allegedly due on account of timber supplied by the plaintiffs to the defendants. An objection was raised by the defendants that they were not a corporate body or legal person and that therefore the suit of the plaintiffs was bad in law and not maintainable. The learned trial court framed issue No. 4 which reads :-

"Issue No. 4 :- Whether the defendant proves that they are not a corporate body or legal person and as such suit is bad and not maintainable ?"

The trial Court came to the finding that the defendants were not a corporate body or legal person. However, instead of dismissing the suit the Court allowed the plaintiffs to amend the plaint and substitute the defendant "Shri V.N. Bandekar" for the defendants "M/s. V.N. Bandekar". Against this order Shri V.N. Bandekar, the substituted defendant, comes before me in revision.

3. Shri Ferdino Rebeilo, learned advocate for Shri Bandekar, raised three points, in the course of his