(Kurian Joseph and Arun Mishra, JJ.)
Dilbag Singh and Anr. ___________ Appellant(s)
v.
Ravinder Kaur and Anr. __________ Respondent(s)
Civil Appeal No. of 2015, decided on September 7, 2015
[Arising out of SLP (C) No. 33512 of 2013]
The Judgement of the court was delivered by
Kurian Joseph, J.:—
1. Leave granted.
2. Despite service of notice none has appeared on behalf of the respondents. The appellants are aggrieved by the impugned order dated 25.03.2013 whereby the application filed in Suit No. 174 of 2010 under Order 1 Rule 10 of CPC for impleading the appellants as defendants No. 2 and 3 was dismissed. The order passed by the Trial Court allowing the application was set aside.
3. Having regard to the facts and circumstances of the case, particularly the original defendant being set ex-parte, we are of the view that the presence of appellants in the suit would be in the interest of justice. Accordingly, the impugned order dated 25.03.2013 is set aside and the order dated 26.02.2011 passed by the trial court impleading the appellants as defendants No. 2 and 3 is restored to the file of Suit No. 174 of 2010.
4. This appeal is allowed in the aforesaid terms.
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