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The applicant demonstrated that the intended third party instructed the actions leading to the suit and thus satisfied the requirements for leave to file a third-party notice under Order I, Rule 14 of the Civil Procedure Code.
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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 Court of Appeal held that the trial judge wrongly revisited a third-party notice already decided by another judge and heard the parties on that issue.
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.
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