KIRLOSKAR INVESTMENTS AND FINANCE LIMITED BANGALORE Vs. DELHI COMPUPRINT SERVICES PRIVATE LIMITED BANGALORE

JUDGEMENT

(1.) HEARD the arguments of learned Counsels for both sides.

(2.) THIS petition is filed against the order dated 7-9-1996 of the Trial Court allowing LA. 8 filed under Order 6, Rule 17 read with Section 151 of the CPC by the respondent-defendant in O. S. No. 966 of 1994 on its file.

(3.) A few material facts leading to this revision may be stated as under: the said O. S. No. 966 of 1994 was instituted by the petitioner-company against respondents (defendants 1, 2 and 3) for recovery of Rs. 10,31,611-31 with interest on the basis of the Hire purchase Agreement dated 14-11-1992. The material averments made in the plaint are that, 1st respondent is a Private Limited Company. Defendants 2 and 3 are the Directors of respondent 1. On 19-12-1992 defendants entered into the said Hire Purchase Agreement with the petitioner (hereinafter referred to as 'plaintiff) and purchased certain machineries pertaining to computers relating to their business as detailed in Schedule 1 of the Hire Purchase Agreement. As per this agreement, defendants had to pay a sum of Rs. 2,37,239/- towards the first instalment of hire and a sum of Rs. 37,239/- per month as hire for the said machineries, commencing from 19-12-1992 as detailed in Schedule 2 to the agreement. These main averments pertaining to suit transaction were made in para 2 of the plaint. At para 5 therein it is further averred that: