DEEPAK MELWANI Vs. REGISTRAR CITY CIVIL COURT

JUDGEMENT

(1.) THIS writ petition has been filed seeking to quash the order dated 5.10.2013 passed by the XIV Additional City Civil Judge at Bengaluru (CCH -28) in O.S.No.5854/2013 on I.A.No.6 filed by the petitioners under Section 151 of CPC.

(2.) THE petitioners/plaintiffs filed a suit for recovery of a sum of Rs.27,07,781/ - from defendants No.1 to 4 along with other reliefs. The suit was filed on 12.8.2013. The matter was thereafter called before the Court on 13.8.2013 and posted the same on 14.8.2013, on which date, the plaintiffs and their Counsel were absent and there was no representation on their behalf. However, Court has ordered issue of Court summons and also notice on IA's to defendants returnable by 23.9.2013. Respondents/defendants filed appearance through their Counsel. On the same day, Counsel for respondents has filed IA Nos.3 to 5 under Order 37 Rule 3(5) read with Section 151 of CPC with documents praying for leave to defend the suit and the matter was posted on 5.10.2013. On 5.10.2013, Counsel for plaintiffs filed an application -IA No.6 under Section 151 of CPC praying to order for fresh suit summons under Order 37 Rule 2 of CPC to the defendants since the suit was a summary suit and hence a prayer for issuing summons in form No.4 of Appendix B of CPC.

(3.) HEARD Sri Sunil S.Rao, learned Counsel appearing for the Petitioners and Sri P.Raveendran, learned Counsel appearing for the Respondents.