Vinod K.Sharma, J.

1. The petitioner has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order passed by the learned trial Court vide which application moved by the plaintiffs-respondents under Order 23 Rule 1 and 3 of the Code of Civil Procedure ( in short the CPC) stands allowed. The impugned order reads as under:-

"Arguments heard on application under Order 23 Rules 1 and 3 filed by the plaintiffs. Learned counsel for plaintiffs argued that this suit was filed on 23.7.2003 and notice was issued to the defendants. Defendants no.10 and 11 were served and defendants No. 1 and 2 did not appear despite service and were proceeded against ex parte and the matter was adjourned for service of un-served defendants for 22.11.2003. In the meantime, defendants No.10 and 11 filed written statement. In his reply defendant No.11 did not take any objection regarding the fact that the defendants No.3 to 6 had already been died intentionally only to linger on the proceedings. Plaintiffs have got no knowledge at the time of filing of the suit that defendants No.3 to 6 have already been died. But when the plaintiffs came to k