D. VENKATACHALAPATHI Vs. SURYA PRAKASHRAO AND ORS.

JUDGEMENT

(1.) IN this revision petition an interesting question as to the construction of Order 8A, Code of Civil Procedure (added in Madras by an amendment dated 21st of August 1951) has been raised.

(2.) ORDER 8A, Rule 5 runs thus:

(3.) THE contention of the learned Counsel for the Petitioners is that once the Defendant obtains the leave of the court to issue notice to a third party, the court has no option but to add the third party. In other words, the court is precluded from holding that it is not necessary to do so. On a plain reading "of the material provisions, I consider that that could not have been the intendment of the rule. If the court is satisfied that there is no question to be tried, as to the liability of the third party to make the contribution or pay the indemnity claimed, it should be at liberty to hold that there is no such question and to dismiss the application for! directions.