A.S. VENKATACHALA MOORTHY, J.

The above civil miscellaneous appeal has been filed by the applicant in I.A. No. 770 of 1999 in O.S. No. 108 of 1999, on the file of the Subordinate Judge, Tuticorin against the order dated 19-1-2000, dismissing the application filed under O. 38, R. 5 of the Civil Procedure Code.

2. The appellant filed a suit in O.S. No. 108 of 1999, on the file of the Subordinate Court, Tuticorin against the respondents herein praying the Court.

(i) to pass a preliminary decree directing the respondents to pay a sum of Rs. 12,62,066/- with subsequent interest from the date of the plaint on Rs. 4,00,000/- at the rate of 18 per cent. per annum and subsequent interest on the second and third loans at 24 per cent. per annum till payment is made, failing which to pass a final decreed for sale of the property son in the schedule to the plaint and to pay the decree amount out of the sale proceeds and if the same is not sufficient to pay the decree amount;

(ii) to pass a personal decree against the estate of late M. Lakshmana Pillai in the hands of the respondents/defendants and for other reliefs.

3. Pending suit, the appellant filed I.A. No. 770 of 1999 under O. 38, R