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The Applicant demonstrated a contractual right to indemnity from the Respondent arising from a guarantee contract. The claims between the Applicant and Respondent are connected to the main suit, satisfying the requirements for issuance of a third-party notice under Order I Rule 14 of the Civil Procedure Code.
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The appellant was not party to the original loan agreement and did not guarantee the debt prior to its creation; thus, she is not liable. Additionally, the Primary Court's failure to comply with mandatory judgment rules rendered the proceedings and subsequent appeal a nullity.
Source excerpt
The appellant was not party to the original loan agreement and did not guarantee the debt prior to its creation; thus, she is not liable. Additionally, the Primary Court's failure to comply with mandatory judgment requirements rendered the proceedings and subsequent appeal a nullity.
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