JUDGMENT - Coyajee, J.

1. This is a notice of motion taken out by the applicants who are an insurance company asking that they may be allowed to defend the suit in the name of the defendant and make and file their written statement of defence in the name of the defendant. It is apparent that the suit is filed for damages against the owner of the motor cycle, the defendant, for injuries caused by the defendant by a rash and negligent act. It is alleged on behalf of the applicants that the defendant has gone away to Africa and his exact whereabouts today are unknown and that the service on the defendant has been effected only by substituted service. Now, normally the company would be entitled to intervene only under Section 96 if the cause of action falls under any of heads set out in Section 96 of the Indian Motor Vehicles Act and not in any other case. The applicants invoke the help of this court on the ground that it would be most inequitable to allow a decree to be passed against the defendant which will be straightway executed against the insurance company without giving the insurance company an opportunity to be heard and therefore they ask not that they may be allowed to be mad

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