TATA FINANCE LIMITED Vs. VINIYOG INTERNATIONAL LIMITED

JUDGEMENT

(1.) This appeal by the plaintiff/appellant is directed against the order dated 19th February, 1998 of learned Single Judge ordering issue of ordinary summons in the suit filed under the provisions of Order XXXVII, CPC.

(2.) . We are of the view that the appeal can be disposed of without issuing notices to the defendants/respondents as summons in the suit had not been issued. The impugned order was passed only when the plaint was taken up for consideration.

(3.) . Material portion of the order under appeal reads: