Raja Venkatarangayya Appa Rao And Two ... vs Raja Varaprasada Rao Naidu And Anr. on 12 July, 1920
8. The only Indian case to which my attention has been drawn is the one reported in Venkatarangayya Appa Rao v. Varaprasada Rao (1920) I.L.R. 43 Mad. 898 and there a division bench consisting of Sir John Wallis, Chief Justice, and Mr. Justice Seshagiri Ayyar took the same view of the nature and extent of the contract of indemnity, and they expressed as their opinion that unless the defendant got attorney and client costs from the third party there would really be no indemnity at all. The whole object of the indemnity is that the defendant should be saved from all losses, and if he has got to fight a litigation really in the interest of the third party, then it would not be equitable that he should be out of pocket by any amount whatsoever in fighting that litigation.