K C PARAMASIVAM Vs. P SENTHIL KUMAR

JUDGEMENT

(1.) The Revision petitioner herein, who is the 3rd party to the suit in O.S.No.26 of 2015 seeks to implead him as 4th defendant in the suit.

(2.) The 1st Respondent herein as plaintiff filed a suit against the respondents 2 to 4 herein in O.S.No. 26/2015 on the file of the learned Additional Sub Court, Karur for Specific Performance.

(3.) According to the revision petitioner, the father of the respondents 2 to 4 herein namely Gogulakrishnan borrowed Rs. 40,00,000/- from the revision petitioner and in receipt of the same he executed pro-note in favor of the Revision Petitioner. Thereafter he died on 25.08.2014 leaving behind the respondents 2 to 4 herein as his legal heirs. Since the respondents 2 to 4 herein had not discharged the debts incurred by their father, the Revision Petitioner instituted a suit O.S.No.01 of 2015 against the respondents 2 to 4 herein before the learned District Court at Karur for recovery of money. Along with the suit he filed I.A.No.17 of 2015 to attach the suit properties before judgment under Order 38, Rule 5 of C.P.C.