G.S. Sistani, J.—Plaintiff has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure, 1980, for recovery of Rs.1,00,00,000/- (Rupees One Crore).

2. I.A. 1085/2014 has been filed by defendant no.2 and IA 1086/2014 has been filed by defendants no. 1, 3 and 4 under Order XXXVII Rule 3 (5) CPC seeking leave to defend.

3. The necessary facts, to be noticed which have led to the filing of the present suit and as stated in the plaint, are that the plaintiff is stated to be carrying on the business in the name and style of M/s Binary Computers Systems and is dealing in Computer Hardware and Software of various brands including Hewlett-Packard, Lenovo and Microsoft. Defendant no.1 is a partnership firm and defendants no.2 to 4 are its partners. Defendant no.5 is the manufacturer of computers and laptops and defendant no.1 was the registered distributor of defendant no.5.

4. As per the plaint, the plaintiff and defendant no.1 used to purchase computers from each other based on their requirement and issue post-dated cheques once the goods were delivered. Between December, 2010 and February, 2011 defendant no.1 had placed purchase orders wit