C. SHIVAPPA, J.

The question for consideration in this civil miscellaneous petition is whether the petitioner is a proper and necessary party and entitled for impleading at the appellate stage?

2. The applicant is seeking for impleading as 7th additional respondent in O.S.A. No. 131 of 1998.

3. O.S.A. No. 131 of 1998 is against the judgment and decree of the trial Court passed in C.S. No. 1151 of 1995. The suit was recovery of Rs. 1,22,00,000/- in respect of the alleged return of two cheques issued by the respondent No. 1/defendant in the suit. During the pendency of the suit, the respondent No. 6, namely, M/s. Scotts Engineering, got impleaded and subsequently the Supreme Court by order dated 16-11-1995 filed by respondent No. 6, appointed the official Receiver to act as Receiver for carrying out the work of ship breaking with the respondent No. 6. The amount that may be realised by sale should be deposited up to the maximum of Rs. 1 crore. The respondent No. 6 complied with the order of Supreme Court by depositing Rs. 1 crore being the sale proceed of the ship breaking.

4. The trial Court by order dated 8-6-1998 decreed the suit against respondents 1 to 5, but dismissed a