1. The revision petitioner field a suit in O.S. No. 6792 of 1999, in the City Civil Court at Madras (III Assistant Judge), for declaration that the seizure and custody of the vehicle bearing Reg. No. TN-01 E.3211, 1992 Model Ashok Leyland lorry, by the defendant on 19. 1998 is illegal and untenable, and for permanent injunction restraining the defendant from alienating, using, mortgaging of creating any encumbrances on the said vehicle and for an order of mandatory injunction, directing the defendants to release the vehicle to the plaintiff and for damages.

.2. The plaint in that suit was presented into Court on 29. 1998. The revision petitioner is the plaintiff. One Padamchand Choudhry and Anoop Chand Choudhry are the defendants. The defendants in the suit are described as doing finance in the name and style of Timco Finance and Choudhry Syndicate, and the 1st defendant is said to be the proprietor of both the finance companies.

3. The plaintiff’s case in short is that the lorry bearing Registration No. TN-01 E-3211 was purchased by the plaintiff with the financial assistance of the defendants on 2. 1996. According to him, he has paid the instalment dues regularly.