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1988 Supreme(All) 394

A.P.MISRA
OM PRAKASH – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared:
K.S.CHAUDHARY

A. P. MISHRA, J.

( 1 ) HEARD learned counsel for the parties. The present revision is being disposed of finally since the respondents have been served in this case and counter and rejoinder affidavits have been exchanged.

( 2 ) THE present revision is directed as against the order dt. 3rd Nov. 1987 by virtue of which an application by the present defendant-applicant to implead the National Insurance company was rejected.

( 3 ) A suit was filed by the respondents for recovery of amount which they had given on loan to the present applicant. It is in that suit that an application was moved by the applicant to implead the National Insurance Company since the truck for which the loan was obtained was insured. The trial court rejected the said application by saying that it is open to the plaintiff to implead such party as he desires. Therefore, non-impleadment of the National Insurance Company could not affect the adjudication of the right between the plaintiffs and defendant in the present case and accordingly the application of the applicant was rejected. Aggrieved as against the aforesaid order, the present applicant has filed this revision.

( 4 ) THE main argument contended on behalf






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