1. - This writ petition has been preferred by the petitioner against the order dated 17.04.2013 passed by Additional District Judge No. 5, Jodhpur Metropolitan (for short 'the trial court' hereinafter) in Civil Original Suit No. 224/2012, whereby the learned trial court, while rejecting the applications preferred by Central Bank of India (hereinafter referred to 'as respondent-Bank') under Order 7, Rule 11 CPC and under section 9 read with section 151 CPC, has ordered for deletion of the name of respondent-Bank from the array of defendants.

2. Brief facts of the case are that the petitioner filed a suit for specific performance of contract and permanent injunction on the strength of agreements to sale dated 16.10.2007 and 29.11.2007 executed by the respondent Nos. 1 to 3 in favour of the petitioner, while impleading the respondent-Bank as defendant Nos. 4 and 5. The respondent-Bank has preferred applications under Order 7, Rule 11 CPC and under section 9 read with section 151 CPC before the learned trial court and prayed for dismissal of the suit. The learned trial court, after considering the said applications and after hearing arguments of learned counsel for the parties,