(1.) Heard.
(2.) Leanred counsel for the petitioner would submit that application under Order 9 Rule 7 of the CPC was entertainable in view of the decision rendered by the Supreme Court in the matter of Vijay Kumar Madan and others Vs. R.N. Gupta Technical Education Society and others, 2002 5 SCC 30.
(3.) I have heard learned counsel appearing for the petitioner and perused the order impunged with utmost circumspection.