Code of Civil Procedure, 1908–Order 1, Rule 10(2)–Rejection of application–Appreciation of–Prayer of petitioner that he was not a necessary party and action was undertaken by him in official capacity–Allegations in the plaint are general qua all the defendants including the petitioner–Trial Court concluded that at the preliminary stage based on averments made in the application by the petitioner in regard to his role cannot be determined–Held, impugned order cannot be held to be faulted.


