Valmiki J. Mehta, J.

I.A. No. 6165/2010 (under Order XXXVII Rule 3(5) CPC for grant of leave to defend)

1. This application for leave to defend is filed by the defendants under Order XXXVII Rule 3(5) of the Code of Civil Procedure, 1908 (CPC). There are a total of four defendants in the suit. Defendant no.1/company is under liquidation, and therefore, counsel for the plaintiff does not press the suit against defendant no.1 but seeks and is granted liberty to file appropriate claims before the official liquidator, and accordingly, the suit will stand disposed of giving the aforesaid liberty to the plaintiff as regards the defendant no.1. Counsel for the plaintiff also prays for deletion of defendant nos. 3 and 4 from the array of defendants as no decree is sought against these defendants. Ordered accordingly. The leave to defend application is therefore to be decided with respect to the rights of the plaintiff in this Order XXXVII suit as regards the defendant no.2, and which defendant no.2 as per the plaintiff was the dramatis personae with respect to the entire trans