1. These original petitions, filed under Article 227 of the Constitution of India, raise challenges against two interlocutory orders passed in Ext.P1 suit. One among them raises an important question regarding legality and sustainability of the Third Party Procedure under Order VIIIA of the Code of Civil Procedure, 1908 (in short, “Code”) inserted by a notification in the Kerala Gazette dated 09.06.1959. In the wake of the amendments to the Code by Code of Civil Procedure (Amendment) Act (Act 104 of 1976) and Code of Civil Procedure (Amendment) Act, 2002 (Act 22 of 2002), it is contended that the said Order no longer exists as part of the Code.

2. Bare minimum facts, relevant for adjudication, are thus: Petitioner is the defendant in Ext.P1 suit. Allegations in the plaint show that the plaintiff supplied materials for building construction to M/s.Sukam Constructions Pvt. Ltd. in order to construct a building for M/s.Pentagon Builders. As per the plaint averments, a sum of Rs. 32,92,735/- was due to the plaintiff (contesting respondent) from M/s.Sukam Constructions Pvt. Ltd. towards the cost of materials. Petitioner filed Ext.P2 written statement opposing the plaint claims.