1. By the present writ petition under Article 227 of The Constitution of India, the original defendant no.4 to 6 who are defendants in suit as summary suit no.1/2007, on the file of C.J.S.D. Latur have challenged the order passed dated 12/03/2008 and 18/03/2008, the impugned under this writ petition.

2. Rule.

3. Rule made returnable forthwith. By consent of the parties, the writ petition is taken up for final hearing at the stage of admission itself.

4. The facts which gave rise to file the present writ petition can be summarized as the first respondent herein has filed the suit styled as summary suit under order 37 of CPC in the Court of Civil Judge, S.D. Latur against the petitioners and respondent no.2 to 6 for recovery of sum of Rs.33,55,494/for the transaction mentioned in para no.2 of the plaint. It is mentioned in para no.10 of the plaint that the plaintiff (respondent no.1 herein) is not seeking any relief which does not fall within the ambit of Order 37 and rule thereunder of CPC, and entitled to file the suit as a summary suit. In para no.11, it is alleged that if the Hon’ble Court by any reason come to the conclusion that the present suit would not be precluded as summary suit then suit will be treated as ordinary suit. It further appears that in response to the summons for judgment, the petitioners as well as respondent no.2 to 6 in the present writ petition appeared. The present petitioners have filed their written statement under Order 8 Rule 1 of CPC alongwith the application for leave to defend on 12/03/2008 on which it appears that the order was passed on furnishing surety, written statement will be read and recorded. It further appears that as application for leave to defend was separately moved on 22/03/2007, on which the order was passed, “Read application, perused the documents. There is a good defence and triable issues for the defendants, hence the application is allowed. Leave to defend granted on furnishing the surety of the said amount.” This order appears to be passed on 12/03/2008. It further appears that thereafter, an application was appeared to be filed by the present petitioners to modify the order to the extent of furnishing surety by these defendants, which was rejected by order dated 18/03/2008 by the learned Trial Court that the order if the defendants are not willing to give surety as per the order and if this condition is wrong, then they may get remedy from appropriate forum, hence rejected. This order is impugned under this writ petition.

5. Before considering the submissions across the bar advanced during the course of arguments by learned advocate for petitioners as well as for the respondents, I may express my regret about the wording used in the order dated 18/03/2008 by the learned trial court which words “if the order is wrong, then may get remedy further from the appropriate forum”. It appears from these words used in the order that the learned trial court has not taken any pain to pass the reasoned order as to why the application filed by the petitioners defendants before the trial court, but it appears to be as this application is moved, the trial court is annoyed by the attitude of these defendants and used the words “may get the remedy from appropriate forum” which appears to be the result of this annoyance of the trial court.

6. Considering the submissions across the bar and after perusal of the record of the suit which is registered as a summary suit, first it is necessary as to whether the suit filed by the first respondent is in fact coming under the ambit of Order 37 of CPC. For clarity, it is necessary to reproduce Order 37 which read as follows:

Order 37 of CPC : Courts and classes of suits to which the

Order is to apply : (1) This Order shall apply to the following Courts, namely:

(a) High Courts, City Civil Courts and Courts of Small Causes; and

(b) Other courts;

Provided that in respect of the Courts referred to in clause(b), the High Court may, by