- (1.) THE petitioner herein has challenged the legality and correctness of the order dated 2. 2. 2005 passed on IA under Order 37, rule 5 read with Section 151 CPC filed in O. S. No. 6700 of 2003 pending on the file of the learned XXXI Additional City Civil Judge (CCH-14), bangalore (hereinafter referred to as "the Learned Judge"), granting leave to the respondent-defendants 1 to 3 unconditionally to defend the said suit.
(2.) THE petitioner-company filed the said suit, invoking the provisions of Order 37 of CPC, against the present respondent Nos. 1 to 3 for recovery of a sum of Euro 757, 885. 42 which is equivalent to Rs. 3,86,52,885. 42 in indian Currency. The said amount was sought to be recovered by the petitioner-plaintiff from the first defendant-firm, of which the other defendants are the partners. In response to the summons issued in the said suit, the respondent-defendant Nos. 1 to 3 appeared in the said suit and filed an application under Order 37, Rule 5 read with Section 151 cpc seeking leave to defend the said suit. The said application was seriously contested by the petitioner-plaintiff by filing written objections to it. After hearing both the sides on the said application and after perusing all the documents produced by the plaintiff, the learned Judge allowed the said application and granted unconditional leave to the respondent-defendants to defend the said suit. The legality and correctness of the said order is challenged in this revision petition.
(3.) HEARD the arguments of Sri George Joseph, learned Counsel for the petitioner and Sri Pramod N. Kathavi, learned Counsel appearing for respondents 1 to 3 and perused all the documents filed in the said suit by the petitioner-plaintiff, the copies of which are furnished by the learned counsel for the petitioner-plaintiff.;