ANJAIAH A Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) These are all the petitions involving common questions in different suits comprising of similar I.As. Therefore, they are being heard together and are being disposed of by means of this common order.

(2.) The applications were filed under Order 8-A read with Section 151 C.P.C. by some applicants to implead the 2nd respondent - A.P. Irrigation Development Corporation, Ongole (for short the A.P.I.D.C.) called third party in the suit and those applications were dismissed. The ground for filing such applications is that in a loan transaction between the plaintiff-the State Bank of India, Kandukur and the respective defendants, they claim that they did not receive the entire amount and the APIDC was to subsidise some portion of the loan for which they are entitled to be reimbursed and therefore they sought for the third party proceedings under Order 8-A. It was resisted both by the plaintiff in the suits and also the proposed third party.

(3.) The learned Munsif, after hearing both the sides and after examining certain aspects held that there was no liability between the defendants and the proposed third party and actually, the liability exists between the plaintiff and the respective defendants themselves. He also held that the matter did not come within the implications of Order 8-A CPC as third party proceedings and therefore dismissed the applications to imp lead the A.P.I.D.C. as the third party.