JUDGMENT :

1. Heard learned counsel for the petitioner.

2. Present petition has been filed seeking following relief:

"Issue a suitable order setting aside the impugned order dated 08.02.2023 passed by Additional District & Sessions Judge, Court No. 11, Agra in SCC Suit No. 88/2020(Mahesh Chand Agarwal vs. Bhagwan Devi Ice & Cold Storage Pvt. Ltd. and others)"

3. Learned counsel for the petitioner submitted that SSC Suit No. 88 of 2020 was filed against the petitioners-defendants, wherein, petitioners were impleaded as defendant Nos. 2 and 3. After receiving the notice, petitioners-defendants have preferred application under Order VII Rule 11 CPC for rejection of the plaint. The SCC Court vide order dated 08.02.2023 has deferred the decision upon the application under Order VII Rule 11 CPC with the observation that the same shall be decided on merits after receiving the evidence.

4. He firmly submitted that once the application under Order VII Rule 11 CPC has been filed, same has to be decided on the basis of plaint and no other material should have been considered. In support of his contention he has placed reliance upon the judgment of this Court in the matter in Civil Misc. Writ Peti