Charanjit Talwar, J.

( 1 ) THE plaintiff, Bank of India, has filed this suit for recovery of Rs. 91,58,48008 against six defendants. Defendant No. I is a partnership firm carrying on the business within the jurisdiction of this Court with its head office at 342, Naya Bans, Delhi. Defendants 2 to 5 are its partners who also carry on business in Delhi. Defendant No. 6 is European Asian Bank A. G. a body corporate incorporated in West Germany and it has a branch at Bombay. By this application leave is sought by the plaintiff under Section 20 (b) of the Code of Civil Procedure to institute the suit against defendant No 6 in this Court. In reply to this application the following objections have been raised on behalf of that defendant. (1) that the leave sought for cannot be granted as by virtue of Section 120 of the Code the Provisions of Section 20 of the Code do not apply to the present proceedings ; (2) that the claim against the said defendant is bad for misjoinder of causes of action ; and (3) that the main relief sought for is against defendant No. 6, it is thus in the position of the main contesting defendant and, therefore, in its discretion this court ought not to grant leave u

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