SOUTHERN SALES AND SERVICES Vs. SAUERMILCH DESIGN AND HANDELS GMBH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, which is directed against the order passed by the Karnataka High Court on 26th June, 2008, in a proceeding under Order 37 of the Code of Civil Procedure, raises an interesting question of law regarding the interpretation of Rule 3, Sub-rule (5) thereof.

(3.) Rule 3, as it now reads, was introduced in Order 37 of the Code by way of amendment with effect from 1st February, 1977. Prior to such amendment, Rule 3 of Order 37 was as follows: