Mahadev Shankar J:

This is an application to set aside a third party notice and to strike out a purported statement of claim filed by the 2nd defendant against the third party.

The plaintiff (Pacific) entered into an equipment lease agreement (the said agreement ) with the first defendant (Senanti) in respect of a bulldozer.

At the time the second defendant was a director of Senanti. So was the third party. Both of them signed a guarantee and indemnity annexed to the said agreement for its due performance.

The third party was also a director of Pacific at all material times.

Pacific alleges that Senanti defaulted. So it terminated the said agreement repossessed and sold the bulldozer, and brought this action, inter alia, for the total amount of the unpaid rentals for the entire duration of the said agreement. Summary judgment was given in the first instance by the Senior Assistant Registrar. The defendants appealed. I set aside that judgment and gave unconditional leave to defend. My reasons are already set out in a previous judgment.

The second defendant issued third party notice after service of the writ of summons and the statement of claim.

Order 16 r. 4(2) of the Rul