CANARA BANK Vs. TELEVOX INDIA PRIVATE LIMITED

JUDGEMENT

(1.) These three applications are filed by defandants 3,6 &5 respectively under Rule 3(5) of Order XXXVI of the Code of Civil Procedure. These three applications are raising common question of law as to whether the applicants are to be granted leave to defend the suit and. hence. they are being disposed of by this common order.

(2.) Plaintiff is a nationalised bank, viz. Canara Bank. Lakshmi Commercial Bank Limited was amalgamated with the plaintiff Canara Bank on 23,8.1985 and all the title and interest vesting in the said Lakshmi Commercial Bank have devolved on the plaintiff Defendant No. 1 is a private limited company, whereas defendant No.2 is a partnership firm and defendants 3 to 6 are the partners of defendant No.2.

(3.) Plaintiff has filed the present suit to get a decree for Rs. 4,01,240.00 It is the allegation of the plaintiff bank that defendant No. 1 had certain dealings and transactions with the then Lakshmi Commercial Bank Limited and defendant No.2 partnership firm had jointly executed a pronote on 8.3.1982 towards the liability of defendant No. 1 on account of the said loan transaction. Therefore, plaintiff has filed the present suit on the strength of the said promissory note under the provisions of Order XXXVII of the Code of Civil Procedure.