ORDER :- In this revision petition an interesting question as to the construction of O. 8-A, C. P. C. (added in Madras by an amendment dated 21st of August 1951) has been raised.

2. Order 8-A, R. 5 runs thus :

If the third party enters appearance, the defendant on whose behalf notice was issued may apply to the Court for directions; and the Court may, if satisfied that there is a question to be tried as to the liability of the third party to make the contribution or pay indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the suit, as the Court may direct; and, if not so satisfied, may pass such decree or order as the nature of the case may require. The third party notice is issued under R. 1 which provides that :

"Where a defendant claims to be entitled to contribution from or indemnity against any person not already a party to the suit (hereinafter called a third party), he may by leave of the Court, issue a notice (thereinafter called a third party notice) to that effect, sealed with the seal of the Court. The notice shall state the nature an

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