1. Challenging the dismissal of his third party claim under Order VIII A Rule 8 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') the Subordinate Judge's Court, Vadakara, through order dated 07.03.2009 in I.A.416/2002 in O.S.47/2001, the defeated 4th defendant has come up in revision.

2. O.S.47/2001 was a suit for money filed by the ING Vysya Bank Limited, Calicut as plaintiff against the 1st defendant company and defendants 2 to 6, who were its Directors. The 4th defendant, who is the petitioner herein, filed a written statement contending as follows:-

“This defendant confesses to a decree with a request to re-evaluate the interest claimed in the light of the Apex court judgment reported in 2001 SAR (Civil) 930. This defendant further submits that the confession of this defendant is without prejudice to a claim under Order 8 A of the Code of Civil Procedure against Defendants 2, 3 and 5 based on indemnity bonds for which leave is claimed today by separate applications. There may be a decree accordingly.”

Through the written statement, the 4th defendant has made it clear that he was about to proceed against defendants 2, 3 and 5 based on indemnity