1. The civil revision petition arises out of a proceeding under Order VIII-A of the Code of Civil Procedure for impleading a third party as a defendant.Two objections were raised before the lower court: one, that there was no privity of contract between the plaintiff and the third party sought to be impleaded; and two, that the lower court had no jurisdiction to decide the question of contribution or indemnification between the defendant and the third party sought to be impleaded. The first objection the lower court rejected; but, on the second objection, the lower court agreed with the contention of the third party and dismissed the application for impleading.

Two decisions were cited before the lower court, both of the Madras High Court, one by Rajamannar C. J. in S. S. Subula Sahib. v. N. Periyanna Pillai (AIR. 1957 Madras 679, and the other by Srinivasan J. in Roy and Chatterjee (Private) Ltd. v. Scindia Steam Navigation Company Ltd. (AIR. 1961 Madras 367). The first decision related to the first objection; and Rajamannar C. J. held that between the third party sought to be impleaded and the plaintiff there could, generally speaking, be no privity of contract. The th