VISHWANATHSA NARAYANSA KSHATRIYA Vs. SHAH CHHAGANLAL UGARCHAND AKOLKAR

JUDGEMENT

(1.) This petition has been filed by the original defendant 2 seeking to challenge the Judgement and Order dt. 2nd May 1981 of the Court of the Joint Civil Judge, S.D. Nasik passed below Exh. 57 rejecting the claim of the defendant No. 2 to add the respondent 6 the third party as a party to the suit under the provisions of O.8, R.23 of the Civil P.C.

(2.) Respondents 1 to 3, the original plaintiffs filed against the respondent 4 being defendant 1, the petitioner being defendant 2 and respondent 5 being defendant 3, the aforesaid suit for recovery of a sum of Rs. 16,30,925.41 paise. It was their case that they were carrying on their business inter alia of buying and selling tobacco. The third party respondent 6 Bhikusa Yamasa Kshatriya Private Limited had from time to time bought tobacco and tobacco leaves from the plaintiffs. On an account being taken it was found that an amount of Rs. 17,44,619/- was due and payable by the said third party Company to the plaintiffs. The defendants 1 to 3 were at all material times the Directors of the said third party Company and the defendant 3 continued to be its Director. The defendants 1 to 3 had stood as guarantors for the payment found due from the third party Company. The suit was filed against the defendants 1 to 3 for recovery of the amounts due from the said third party Company.

(3.) On the 10th Mar. 1980 the defendant 2 filed the present application Exh. 57 for impleading the aforesaid third party company as a party defendant to the said suit claiming pro rata indemnity from the said third party Company in the event of a decree being passed against him and he paying over the decretal amount to the plaintiffs. The said application as filed under O.8, R.23 of the Civil P.C.