THE HONOURABLE DR. JUSTICE G. RADHA RANI CIVIL REVISION PETITION No.3072 of 2023

ORDER:

This Civil Revision Petition is filed by the petitioners - plaintiffs aggrieved by the order dated 21.08.2023 passed in I.A.No.358 of 2018 in O.S.No.187 of 2014 by the learned V Additional District Judge, Khammam for dismissing the petition filed under Order I Rule 10 read with Section 151 of CPC to implead the proposed party as defendant No.2 in the suit.

2. The plaintiff No.1 initially filed a suit against defendant No.1 for recovery of money of Rs.27,55,200/- with interest @ 24 % per annum basing on a promissory note. He also filed I.A.No.1811 of 2014 seeking attachment of the property in the name of the defendant. The said petition was ordered conditionally on 14.03.2018. But prior to passing of the order for attachment itself, the defendant transferred the said property by executing a gift deed in favor of his brother - the proposed defendant No.2. The contention of the petitioner - plaintiff was that the defendant was indebted to several persons and he was having only the schedule property and by defrauding the creditors, he gifted the property in the name of his brother. As such, the brothe