EDWYN ANTHONYPEREIRA Vs. R R KUPPUSWAMY IYENGAR

JUDGEMENT

(1.) Edwyn Anthony Pereira the revision petitioner-first defendant in O.S. No. 39 of 1999 on the file of the Court of Additional Chief Judge, City Civil Court, Secunderabad died pending revision and his legal representatives are brought on record as petitioners 2 to 4 in C.M.P. No. 26182 of 2003 by an order of this Court today.

(2.) Sri Venu Gopal, learned counsel representing the petitioner/first defendant, who is no more at present, and now representing the legal representatives of the deceased-first petitioner contended that this is an interpleader suit and the procedure to be followed is as contemplated by Order 35, Rule 4 of the Code of Civil Procedure (hereinafter referred to as 'the Code') for the purpose of convenience). The learned counsel further submitted that contrary to the procedure specified by the provisions of Order 35 of the Code, the impugned order was made, where permission was granted to open the sealed cover in the presence of both the advocates or parties. The learned counsel maintained that such power cannot be exercised by the Court below under Section 151 of the Code in the light of the specific procedure specified under the provisions of Order 35 of the Code relating to inter pleader-suit.

(3.) Sri Prasad, learned counsel representing Sri K. R. Kuppuswamy lyengar had submitted that this suit being an inter pleader suit, filed by Sri K. P. Kuppuswamy lyengar he had no interest in the matter, the dispute being between the defendants inter se.