NELE YARLA PENCHALAIAH Vs. NELE YARLA PENCHALAIAH # PONDILIA PATI SANKARA REDDY

JUDGEMENT

(1.) THE impugned order passed by the learned Principal District Munsif, Nellore, refusing to add the second respondent as a third party to the suit is erroneous. Under Order 8-A of the Civil Procedure Code, a defendant to a suit can obtain relief in the very same suit against a third party without independently filing a suit against the third party, if he makes out a case that such third party is bound to indemnify him in connection with the suit transaction. Rule 1 of Order 8-A is intended for the benefit of a defendant who, if defeated in respect of a claim against him, is entitled to reimbursement by way of indemnity. THE avowed object of the rule is that in such a situation the defendant need not be driven to a fresh suit to put indemnity into operation, I, therefore, set aside the impugned order and allow I.A. No. 1065 of 1978 filed by the petitioner on the file of the Principal District Munsif's Court, Nellore. THE revision Petition is accordingly allowed but without costs.

(2.) THE learned District Munsif is, however, directed to dispose of the suit within two months from the date of receipt of this order.