D.K. Seth, J.

The defendant No. 3 in a suit presented under Order XXXVII of the Code of Civil Procedure has challenged the impugned order dated 28th May, 1999 passed by the learned Addition al Civil Judge (Senior Division) Vth Court, Agra passed in Original Suit No. 793 of 1998. Mr. Prabodh Gaur, learned Counsel for the revisionist contends that the defendant No. 3 has raised an objection under Order VII, Rule 11, read with Section 151 of the Code of Civil Procedure and contended that the plaint should have been rejected since the plaint did not disclose any cause of action as against defendant No. 3. His next contention is that the suit cannot be maintained within the scope and ambit of Order XXXVII since it is not a suit up Bill of Exchange, hundies or Promissory Note. He also contends that the plaint does not disclose any written contract as between the plaintiff and the defendant No. 2 nor does it disclose that the amount is due on an enactment or is based on any guarantee so far as the defendant No. 3 is concerned. He has referred to the plaint and had pointed out that there is nothing which disclose any cause of action as against the defendant No. 3, within the fou