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FRANCOIS J.A.
On 27 April 1976 we allowed this appeal and now proceed to give our reasons for so doing.
The plaintiff sustained serious injuries when she was thrown into a ditch while travelling in the defendant’s vehicle No. AT 3985. She sued for negligence and joined the State Insurance Corporation as the co-defendants. The defendant did not contest the action. He could not be found and the action proceeded against him after an order granting substituted service had been obtained.
In her statement of claim setting out the cause of action, the plaintiff explained why she had joined the co-defendants. She said in paragraph (10): “The plaintiff further says that the co-defendants subsequently denied ever insuring the defendant’s vehicle and thereby creating a dispute between them.” The plea was admitted by the co-defendants in paragraph (3) of their statement of defence to which was added the following paragraphs:
“(4) Further to paragraph (3) above the co-defendants will contend at the tr…