S GOPAL Vs. M R SHANMUGARAMASWAMY

JUDGEMENT

(1.) THE plaintiff is the revision petitioner.

(2.) THE suit was filed in O. S. No. 651 of 2002 on the file of Principal Sub-ordinate Court, Erode for recovery of a sum of Rs. 1,52,500/ -. Along with the suit, he filed an application in I. A. No. 925 of 2002 under Order 38 Rule 5 and 6 read with Section 151 of C. P. C. for ad interim attachment of amount deposited by the second respondent in O. S. No. 548 of 2000 filed by the 1st respondent herein on the file Sub-Court, Erode. While so, the first respondent filed I. A. No. 78 of 2003 for impleading himself in the said I. A. No. 925 of 2002. To that petition, the plaintiff filed a detailed counter explaining how the respondents herein who are closely related are trying to defeat his legitimate claim.

(3.) IT is stated that the trial Court on an erroneous appreciation of facts and law, allowed the I. A. No. 78 of 2003 and impleaded the first respondent in I. A. No. 925 of 2002 by order dated 21. 4. 2003. Aggrieved against the said order, the above Civil Revision Petition has been filed by the plaintiff.