RAM SWAROOP SANKLA Vs. CHANDRAPAL SINGH

JUDGEMENT

(1.) In a way, it can be said that this revision presents a tragedy of errors. The 1st respondent filed O.S. No.207 of 1999 against Respondents 2 to 4 in the Court of X Additional Chief Judge, (Fast Track Court), City Civil Court, Hyderabad, for recovery of certain amount. He also filed LA. No. 1304 of 1999 under Order XXXVIII Rule 5 CPC and obtained an order of attachment before judgment in respect of an item of immovable property, through order, dated 30-4-1999.

(2.) Stating that he purchased the very item through Sale Deed, dated 22-3-1999, the 1st petitioner filed I.A. No. 187 of 1999 under Order XXXVIII Rule 8 CPC with a prayer to raise attachment. Some how or the other, the trial Court does not appear to have dealt with, the said application. It is stated that the suit was ultimately decreed in the year 2004.

(3.) It is stated that even while the suit was pending, the 1st petitioner transferred the item of property in favour of Petitioners 2 and 3 on 24-4-2002. In view of this development, the petitioners herein filed LA. No.540 of 2003 under Order 1 Rule 10, read with Sections 151 and 141 CPC with a prayer to substitute Petitioners 2 and 3 as claim petitioners in the place of the 1st petitioner, in I.A. No. 187 of 1999. Through its order, dated 1-8-2006, the trial Court dismissed the application. Hence, this revision.