L. NARASIMHA REDDY, J.

( 1 ) THIS C. M. A arises out of an order, passed by the Court of i Additional Senior Civil Judge, City Civil court, Hyderabad, rejecting an application filed under Rule 90 of Order XXI C. P. C. The facts, which gave rise to this C. M. A, are as under:

( 2 ) O. S. No. 790 of 1984 was filed in the Court of I Additional Senior Civil judge, City Civil Court, Hyderabad, by one seshi Kumar Mohatta, the 5th respondent herein, against Mir Ibrahim Ali Khan (deceased 6th respondent), for recovery of a sum of Rs. 4,43,430/ -. The first appellant appears to have been shown as Defendant no. 2, more in his capacity as G. P. A, and not as an independent debtor or guarantor. During the pendency of the suit, 6th respondent died and his legal representatives, respondents 7 to 14 herein, were brought on record as Defendants 2 to 9. The suit was decreed on 27. 8. 1991. The name of the first appellant was not shown as a judgment debtor; in the decree. The respondents 7 to 14 alone, figured as judgment debtors therein.

( 3 ) IN the meanwhile, disputes arose between the first appellant on the one hand, and the Respondents 7 to 14, on the other hand. According to the former, the 5th

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