JUDGMENT :

1. The present order will dispose of the following:-

(i) Summons for Judgment No.38 of 2022, by which the Plaintiff seeks a decree in the sum of Rs.1,13,06,080/- along with interest thereon at the rate of 20% compounded annually, as per tax invoices, issued by the Plaintiff to Defendant No.1.

(ii) Interim Application No.123 of 2023 taken out by Defendant No.1 under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”) for rejecting the Plaint on the ground of jurisdiction.

(iii) Interim Application No.131 of 2023 taken out by Defendant Nos. 2 and 3 under the provisions of Order-I Rule 10(2) of the CPC. seeking deletion of their names from the array of Defendants.

BRIEF FACTS:

2. Before dealing with the rival contentions, it is useful to set out the following facts as stated in the Plaint:-

(i) The Plaintiff is a Company, which operates various multiplexes across the Country. Defendant No.1 is a Limited Liability Partnership Firm under the provisions of the Limited Liability Partnership Act, 2008 (“the LLP Act”). Defendant Nos. 2 and 3 are the partners of Defendant No.1.

(ii) Defendant No.1 had between December 2019 and February 2020 placed various purc