M. Seetharama Murti, J.

1. The unsuccessful defendants had preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 (‘the Code’ for brevity) assailing the decree and judgment dated 19.06.2006 of the learned I Additional Chief Judge, City Civil Court, Secunderabad passed in OS.No.34 of 2001 for recovery of an amount of Rs.12,39,841/- with interest at the rate of 36% per annum simple on Rs.7,29,140/- from the date of the suit till the date of payment or realization and costs.

2. We have heard the submissions of the learned counsel for the appellants/defendants (‘the defendants’ for short) and the learned counsel for the respondent/plaintiff (‘the plaintiff’ for short). We have perused the material record.

3. The aforementioned suit for recovery of money filed by the sole plaintiff against the 1st defendant company and the 2nd defendant, who is the Managing Director of the 1st defendant company, was resisted by the said defendants by filing separate written statements.

4. Based on the pleadings, the trial Court had framed the following issues for trial.

1. Whether the plaintiff is entitled for the suit amount?

2. Whether the suit is bad for non-joinder of the O