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1956 Supreme(Mad) 327

RAMASWAMI GOUNDER
Mustafa Badsha – Appellant
Versus
Madras Motor Insurance Co. , Madras – Respondent


Advocates:
C. R. Krishna Rao and Mahammad Abibulla, for Petitioners.
M. Sundaram, for Respondents.

Judgment.-C. R. P. No. 428 of 1956 is filed by the plaintiffs against the order made against them in I.A. No. 409 of 1955 in O.S. No. 1190 of 1955 a suit filed by them against the defendants to recover damages for the death of their child as a result of a car accident. According to the plaintiffs, the car at the time of the accident belonged to the first defendant ; but, according to the respondent Insurance Company, it belonged to the second defendant by reason of a transfer in his favour. The third defendant to the suit was the driver of the car. The application, I.A. No. 409 of 1955, was made by the Insurance Company to be brought on record, as the defendant and they were brought on record, but with this restriction that they would be permitted only to watch the proceedings, that is to say, as a dummy defendant. I am not convinced about the propriety of that order, because the Civil Procedure Code does not create a class of defendants who could be called spectator or dummy defendants. If a party is brought on record as a defendant, then, naturally it follows that, that party should be allowed to exercise all the rights and privileges conferred by the Civil Procedure Code. Howeve



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