P K M FINANCE AND INVESTMENT T N PRIVATE LIMITED Vs. REV FR SEBASTIAN PANTHAPLAKAL CMI PARISH PRIEST ST THOMAS CHURCH KANYAKUMARI

JUDGEMENT

(1.) THE civil revision petition has been filed against the order of the learned Subordinate Judge. Kuzhithurai, allowing the application filed by the respondent herein in I.A.No.112 of 1999 in O.S.No.11 of 1999 on his file. THE revision petitioner has filed the said suit before the lower Court under the provisions of O.35, Rule 1 of the Code of Civil Procedure as an interpleader suit as according to the revision petitioner there was dispute regarding the ownership of the amounts due from it among the defendants in the suit.

(2.) IN the plaint it is alleged that a sum of Rs.23,21,760 is the total amount due under the plaint schedule deposit amount.

(3.) MR.Ananthakrishnan Nair, learned Counsel for the revision petitioner, submitted that the learned Subordinate Judge was in error of jurisdiction in passing such an order and that such an order could not be passed in an interpleader suit and the interpleader suit should have been confined to what the plaintiff had admitted as due from it and the learned Subordinate Judge had travelled beyond the scope of O.35, Rule 1 and Sec.88 of the Code of Civil Procedure. In support of his contention, the learned counsel relied on the judgment of the Andhra Pradesh High Court in Inuganti Sobhanadrirao and another v. Muthangi Jaggayya and others A.I.R. 1966 A.P. 92.