1. This is an Application taken out by the first defendant in the Suit, seeking the issue of a "Third Party Notice" under Order 8-A(1) of the Code of Civil Procedure read with Order 5-A of the High Court Original Side Rules, for the purpose of claiming contribution towards the Suit claim from a third party, who is not a party to the Suit.

2. I have heard Mr. S. Raghunathan, learned counsel for the applicant/first defendant, Mr. K. Bijai Sundar, learned counsel for the third respondent/third party against whom the relief is sought for and Mr. Nageswaran, learned counsel appearing for the respondents 1 and 2, who are the plaintiffs in the Suit.

3. The factual matrix of the case, leading to the present Application, is as follows:

a) The first plaintiff imported a consignment of Gear Boxes from a Company in Finland. The consignment was insured with the second plaintiff viz., United India Insurance Company Limited, for transit risks under the Marine Open Cover Policy. The consignment was entrusted to the first defendant, who is a Sea Carrier, having Registered Office at Basel, Switzerland. The second defendant is the agent of the first defendant, who signed the Bill of Ladi