True, that would be justified in case the party had some locus.
The fact is : 1) The party were originally defendants 1&2.However, during the pendency of the suit, they relinquished their rights in favor of defendant 1 .
2) Although the parties were not removed from the "array of parties".
3) Now they have no interest in the suit after Relinquishment deed was signed.
4) They would have the right to file O 9 R 13 if they had disputed the Relinquishment Deed, which is not the case here.
5) There is a specific judgment of Allahabad High Court in this regard.
2000 SCC OnLine All 827
Gauresh Ahuja
Versus
Mohd. Ayub and Others
6) I'm searching for an Apex Court judgment in this aspect.