1. This order shall dispose of an application under Order VII Rule 11 CPC filed by defendant No.1 for rejection of the plaint in a suit for recovery of Rs.9,85,04,084/- with pendente lite and future interest @ 18% per annum filed by the plaintiff against the defendants.

2. Briefly stated, the facts of the case relevant for the disposal of this application are that the suit is based on a continuing guarantee dated 19.11.85 given by defendant No.1 to the plaintiff, English translation of which filed along with the plaint is in the following terms:- “19 November, 1985 Dear Mr. Kwakman, I hereby give you a personal, unlimited joint and several surety for all justified claims of KIVO GmbH Julianaweg, 198-202, NL 1131 DL Volendam, which exist now or in the future vis-a-vis Kunstoplast Chemie GmbH or another company or the group in which I participate.”

Two more translations of the same guarantee dated 19.11.85 were filed by the plaintiff during the pendency of the present suit on 30.08.2002 and 27.07.2006 and they read as follows:- “Translation filed on 30.08.2002 I give hereby personal, unrestricted absolute guarantee for all justified demands of the firm Kiro GmbH, Jul