SEBASTIAO FRANCISCO XAVIER DIAS Vs. JOSE CAETANO GRACIAS

JUDGEMENT

(1.) HEARD Shri S. D. Padiyar, learned Counsel appearing for the Petitioner and Shri Rao, learned Counsel appearing for the Respondent no. 2. The above Petition challenges the Order passed by the learned Civil Judge, Senior Division, Panaji, in Civil Misc. Application no. 67/02/A in Special Civil Suit no. 60/2000/A, whereby an application filed by the Petitioner under sub -rule 2 of Rule 10 of the Civil Procedure Code to implead Bank of India as a party, came to be dismissed.

(2.) THE Petitioner filed the suit against the Respondents herein claiming damages essentially on the ground that by Contract entered between the Petitioner and the Respondent no. 1 who had borrowed money from Bank of India, it was agreed that the loan amount would be paid by the Petitioner. It is further his case that the Agreement came to be entered between the Petitioner and the Respondent no. 1 on 13.08.1999 to that effect. It is further the case of the Petitioner that pursuant to the said Agreement, he had started depositing amounts in the loan account of the Respondent no. 1 with the said Bank and that he had also paid insurance premium. It is further the case of the Petitioner that despite of the said Agreement, the trawler which was hypothecated to the Bank was seized and, as such, the Petitioner had suffered substantial damages which they are entitled to recover from the Respondents herein. It is further his case that the trawler was stolen and was handed over to the Respondent no. 1. It is also his case that the Respondent no. 2 had stolen the trawler and handed over the same to the Respondent no. 1. For the other allegations as stated in the plaint, the Petitioner has filed the suit for recovery of damages against the Respondents herein.

(3.) DURING the course of the hearing of the above suit, the Petitioner filed an application to implead Bank of India as a party. By the impugned Order, the learned Judge dismissed the application filed by the Petitioner.