[1]SB CIVIL REVISION PET.112/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R S.B. CIVIL REVISION PETITION NO.112/2010 DEVRAJSINGH JADEJA Vs. INDRANEEL MAITY & ORS. DATE: 15.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Alok Chaturvedi, for the petitioner. **** Heard the learned counsel for petitioner. 2. Defendant No.3 has preferred this writ petition challenging the impugned order dated 18.10.2010 passed by the trial Court, whereby his application under Order 7 Rules 10 and 11 CPC has been dismissed. 3. Submission of learned counsel for petitioner is that the Firm was not impleaded as a party in the suit and the Court concerned had no jurisdiction, therefore, the suit was liable to be dismissed, but the trial court committed an illegality in rejecting his application, therefore, the impugned order passed by the trial Court may be set aside. [2]SB CIVIL REVISION PET.112/2010 4. I have considered the submissions of learned counsel for petitioner. 5. During the course of arguments, the learned counsel for petitioner referred a photo-stat copy of the plaint, wherein nowhere the word “Firm” has been used, therefore, the learned counsel for petitioner is incorrect in saying that Firm has not been impleaded as a party. However, the trial Court has already observed that defendant No.3 may raise all such objections in the written statement and thereafter legal issues will be framed and will be decided first. Learned trial Court has already taken care about objection of petitioner by observing that legal issues will be decided first. 6. In these circumstances, I do not find any illegality or error of jurisdiction in the impugned order passed by the trial Court so as to interfere with the same in the revisional jurisdiction under Section 115 CPC. 7. There is no merit in this revision petition and the same is, accordingly, dismissed in limine. (NARENDRA KUMAR JAIN),J. [3]SB CIVIL REVISION PET.112/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER S.B.CIVIL MISC. STAY APPLICATION NO.2762/2010 IN S.B. CIVIL REVISION PETITION NO.112/2010 DEVRAJSINGH JADEJA Vs. INDRANEEL MAITY & ORS. DATE: 15.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Alok Chaturvedi, for the petitioner. **** Since the revision petition itself has been dismissed, this stay application does not survive and the same also stands dismissed. (NARENDRA KUMAR JAIN),J. /KKC/