Manmohan, J.

1. The present petition has been filed under Article 227 of the Constitution of India

against the order dated 28th January, 2008 passed in Civil Suit No. 270 of 2005 (originally Suit No. 1898 of 2001) whereby the petitioners/defendants application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as CPC) was dismissed.

2. Briefly stated the facts of the present case are that the respondents/plaintiffs filed the aforesaid suit on 7th September, 2001 for declaration, injunction and rendition of accounts against the petitioners/defendants. While the respondents/plaintiffs sought a declaration that the letter dated 17th August, 2001 issued by petitioners/defendants was illegal, null and void ab initio, it was further prayed that the petitioners/defendants are bound by the Memorandum of Understanding dated 19th July, 2001 and Agreement dated 22nd June, 2001.

3. In the initial written statement filed by the petitioners/defendants, they had averred as under:

The Defendant Nos. 1 and 2 have already entered into a joint venture

Agreement and have further acted pursuant to the said Joint Venture

Agreement.

.4. By virtue