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The applicant has established that the 1st respondent is not a party to the main suit and has a claim for indemnity and contribution substantially connected to the plaintiff's claim. Granting leave avoids multiplicity of proceedings and serves the interest of justice.
Source excerpt
The High Court dismissed an application for leave to issue a third-party notice, finding the lease-based claim was different from the main land ownership dispute.
The High Court granted leave for the defendant to issue third-party notices, holding that the indemnity and contribution claim arose from the same subject matter and cause of action.
The High Court granted leave in an ex parte commercial application to issue third party notices, finding sufficient grounds for indemnity and contribution.
The right to indemnity or contribution from M/S Kharafi & Sons has not been established in law or equity, and the cause of action between Sanasi and M/S Kharafi & Sons is distinct from the main suit between Sanasi and the Bank. Therefore, third party procedure under Order 1 Rule 14 CPC is not applicable.
Source excerpt
The High Court upheld a preliminary objection and set aside a third-party notice, finding no right of indemnity or contribution arose against the third party.
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