Radhakrishnan, J.

Whether the principle actus curiae neminem gravabit would be applicable to this case is one of the questions that has come up for consideration in this case. It was contended that the learned judge would not have rendered the judgment had the court been correctly appraised of the facts after impleading the necessary parties. Prayer was therefore made to relegate the parties to the same position prevailing before the judgment of the learned single judge by way of restitution.

2. This writ appeal has been preferred with leave of this court. Appellants are aggrieved by the judgment of the learned single Judge in W.P.(C).No.39626 of 2003 permitting the second respondent to withdraw the amounts lying in the account of the first respondent firm with the State Bank of Travancore without the appellants in the array of parties. Appellants submit that the conduct of respondents 1 and 2 in approaching this court without making them parties to the writ petition is an abuse of process of this court and to get over the order in IA.2479/03 in OS 383 of 2003 of Munsiff’s Court. Thiruvalla. By virtue of this court’s judgment, the second respondent could release an amount