Gunupati Alluraiah vs State Of Andhra Pradesh Represented By ... on 2 February, 1962
In the case of Krishna Swamy Aiyar v. Raghaviah Chetty, 53 Mad LJ 679 : (AIR 1928 Mad 43), Venkatasubba Rao, J., considered this question. In that case, the plaintiff sued the first defendant on the toot of a mortgage executed by him, and the latter (first defendant) applied under Order 5-A of the Madras Original Side Rules by way of third-party procedure against the second defendant, who was already a party to the suit, on the ground that the second defendant was entrusted with a sum of money by a third person with which he was directed to redeem the mortgage on the property. The question therefore arose for consideration, whether the first defendant was entitled to be indemnified against the second defendant in respect of that amount.