PATNAYAKUNI KODANDARAM Vs. KOLATI DHANALAKSHMI AND ORS.

JUDGEMENT

(1.) The civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 18.03.2014 passed in I.A.No.310 of 2012 in O.S.No.252 of 2012 by the III Additional Senior Civil Judge, Kakinada, whereby the petition filed under Order I Rule 8 of Code of Civil Procedure (for short "C.P.C. ") to sue in representative capacity i.e. representing General Body of Creditors against the respondents, was dismissed.

(2.) The petitioner filed suit O.S.No.252 of 2012 to declare the alienations made by respondent No.1 in favour of respondent Nos.2 and 3 by registered sale deed dated 12.05.2011 is void and not binding on the plaintiff as well as other creditors of respondent No.1 as it is fictitious, nominal, sham and devoid of lawful consideration. In the alternative, to declare that the alienations made by respondent No.1 in favour of respondent Nos.2 and 3, described in the schedule attached to the plaint are not binding on the plaintiff and other creditors of respondent No.1 as it is made with an intent to defeat the lawful creditors of respondent No.1 including the petitioner/plaintiff.

(3.) The petitioner/plaintiff is claiming to be the creditor of respondent No.1 as respondent No.1 borrowed Rs.5,00,000/- from the petitioner/plaintiff on 13.05.2009 for his family expenses and to discharge sundry debts, executed promissory note agreeing to repay the same with interest at the rate of 24%, and also agreed to pay the same either to the plaintiff or to his order as and when demanded. As respondent No.1 failed to repay the debt due under the promissory note, the petitioner/plaintiff filed O.S.No.756 of 2011 on the file of the Principal Senior Civil Judge, Kakinada for recovery of the amount due under the promissory note, and also filed interlocutory application for attachment of property before judgment and the Principal Senior Civil Judge ordered attachment before judgment under Order XXXVIII Rule 5 of C.P.C.