CMPMO No.354 of 2009. 04.05.2009 Present: Mr.G.D. Verma, Senior Advocate with Mr.B.C. Verma, Advocate, for the petitioners. CMPMO No.354 of 2009. This petition has been preferred by the petitioners against the order passed by the learned trial Court on an application under Order 1 Rule 10 of the Code of Civil Procedure moved by the respondents praying for deletion of the name of defendant No.5. Learned counsel appearing for the petitioners submits that the order is not in accordance with law as the petitioners had moved the learned trial Court stating that suit be abated for the non-representation of the estate of deceased defendant and that learned trial Court shold have tried that issue before proceeding the suit any further. This question will be open to the petitioners herein to be urged at the time of final hearing of the suit. The suit cannot be decided in piecemeal. This application is accordingly disposed of. There shall be no order as to costs. May 4, 2009 (Dev Darshan Sud) (aks) Judge.