ORDER :- This revision arises out of a suit filed by the petitioner as an assignee of a promissory note dated 26-9-1966 executed by the respondent for a sum of Rs. 3000 in favour of the petitioner's assignor. The said suit was resisted by the respondent. He also filed an application under O. 8-A, Rule 1 of the Civil Procedure Code for impleading the husband of the assignor as a party defendant to the suit contending that the consideration for the promissory note was paid by the assignor's husband, that he had received the entire amount due under the promissory note and had passed a receipt to him in full discharge of it, and that as such he is entitled to be indemnified for the payments made to him in the event of the petitioner succeeding in getting a decree against him. This application was resisted by the petitioner on the ground that the assignor's husband cannot be made a party to this suit, that the remedy of the respondent, if any, was to file an independent action against him for the

amounts alleged to have received by him and that the provisions of O. 8-A, Rule 1 cannot therefore be invoked in this case. The lower court had noted that the respondent had filed three