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Ramkishan vs. Monu Khatik & Ors.

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Code of Civil Procedure, 1908–Order 1, Rule 10 r/w. Sec. 151–Motor Vehicles Act, 1988–Sec. 166–Application at the instance of Insurance Company to implead the insurer, driver and owner of other vehicle–Allowed–Justification–Choice to implead the respondent-parties is given to claimant–He has right to sue any of the negligent person and he is not required to find out as to whether there is any duty of contribution or indemnity as between those parties–The person, who are sued can not insist on having the others joined as defendants–Rights of claimant cannot be defeated on the ground that other persons can be impleaded as party–Impugned order is liable to be set aside.