(1.) THIS civil miscellaneous appeal has been filed challenging the order passed by the learned Principal District Judge, Srivilliputhur made in I.A.No.34/2007 in O.S.No.5/2007, dated 26.03.2007.
(2.) THE facts of the case are as follows: - The appellant is the fifth defendant and the respondents 2 to 5 are the other defendants in the above suit. The first respondent is the plaintiff in the suit. The first respondent has filed the above suit praying for decree and judgment in his favour;
(3.) BEFORE the trial Court, the respondents 2 and 3 have not filed counter in I. A.No. 34 of 2007. The appellant who is the fifth respondent in I. A. No. 34 of 2007 and the fifth defendant in O.S. No. 5 of 2007, has filed a detailed counter. The fourth respondent herein who is the third respondent in I.A.No. 34 of 2007 and the third defendant in the suit has also filed counter.