PONNUSWAMI REDDIAR Vs. LALITHA

JUDGEMENT

(1.) THIS revision petition arises out of the order passed in I. A. 258 of 1971 in O. S. 81 of 1964 on the file of the Sub Court, Tiruchirapalli. The first respondent herein filed that application under Order 1, Rule 10 and Section 151, Civil P. C. praying to implead the petitioner herein as a party defendant in the suit. It is necessary to narrate the events that preceded the filing of the application under Order 1, Rule 10, Civil P. C. by the first respondent herein.

(2.) LALITHA, the first respondent herein filed the suit O. S. 81 of 1964 against respondents 2 and 3 for rendition of accounts of the value of all the jewels which the first respondent had entrusted with them. The suit was decreed on 24-3-1966 directing rendition of accounts by the second and third respondents to the first respondent. On appeal by respondents 2 and 3 of the District Court Tiruchirapalli in A. S. 427 of 1966, the District Judge found that the entrustment of the jewels listed in Ex. A. 17, with respondents 2 and 3 by the first respondent was true and that respondents 2 and 3 will have to account and pay for the jewels, while disposing of the appeal the District Judge observed--

(3.) ON appeal against the order of remand by respondents 2 and 3 herein before this Court in S. A. 877 of 1968, Kailasam, J. dismissed the second appeal with the following observations:-