JUDGMENT :

Prayer: The Civil Revision Petition filed under Section 115 of C.P.C., to set aside the fair and decreetal order dated 21.06.2017 in I.A.No.9 of 2017 in O.S.No.5259 of 2016 passed by the XIX Additional City Civil Court, Chennai.

1. The Civil Revision Petition is directed as against the fair and decretal order dated 21.06.2017 in I.A.No.9 of 2017 in O.S.No.5259 of 2016 passed by the learned XIX Additional Judge, City Civil Court, Chennai, thereby dismissing the petition filed by the petitioners seeking leave to defend the suit.

2. The petitioners are the defendants and the respondent is the plaintiff. The respondent filed suit for recovery of money as against the petitioners in O.S.No.5259 of 2016. In the said suit, the petitioners filed petition seeking leave to defend the suit. It was dismissed and aggrieved by the same, this present Civil Revision Petition.

3. The learned counsel appearing for the petitioners would submit that the suit itself is not maintainable under Order 37 of C.P.C. The first petitioner is the business entity and the second petitioner is the proprietor and therefore, the same person should not have been arraigned twice which is not permissible under la