(1.) ADMIT .
(2.) SHRI Mohd. Anees, Advocate, appears for the respondents No. 1 and 2. Respondent No. 3 is only a formal party, therefore, its service is dispensed with.
(3.) THIS writ petition, on behalf of the defendant, is directed against the impugned order dated 16th July, 2008, passed by the trial court whereby his application under Order 11 Rules 12 and 14 CPC has been rejected.