Anuj Mohan vs M/S. Jyotsna Movies And Other
1999 Latest Caselaw 1052 Del

ORDER

Manmohan Sarin, J.

1. This is an application moved by defendant Nos. 2 and 3, seeking leave to contest under Order xxxvII, Rule 3 CPC. The present suit for recovery of Rs. 12,24,000/- has been filed by the plaintiff against defendant Nos. 1, 2 and 3. The plaintiff is proceeding against defendant No. 1 on the basis of written agreement dated 23.9.1991 and another agreement dated 10.2.1992 to claim the amount in suit together with interest.

2. The basis of the suit against defendant Nos. 2 and 3, as disclosed in the plaint, is that the films for which the money was advanced were the joint production of defendant No. 1 with defendant Nos. 2 and 3. In the application for leave to contest, the defendants have questioned the very maintainability of the suit under Order xxxvII CPC. Admittedly, there is no written contract for payment of a liquidated amount due from defendant Nos. 2 and 3. Counsel for the plaintiff submits that certain advertisements appearing in the trade journals as well as the letter head used by the said defendant No. 1 carries the telephone number and address of defendant Nos. 2 and 3.

3. I am afraid, this cannot be made the basis of a suit under Order xxxvII CPC. Learned counsel, at this stage, seeks to place reliance on a letter on the letter head of defendant No. 1, signed by defendant Nos. 1 and 3, wherein intimation with regard to the release of a film is given. This letter at best may show some interaction between defendant Nos. 1 and 2 or defendant Nos. 1 and 3 but yet it cannot be made the basis of fastening of liability on defendant Nos. 2 and 3.

4. In view of the foregoing discussion, the defendant Nos. 2 and 3 are entitled to unconditional leave to contest.

5. IA. 28/96 is allowed and stands disposed of.