dissenting.
For the reasons stated in the dissenting opinion of Judge Beasley, I agree that the sole issue for this court on appeal is whether the trial court erred in permitting trial against CMT Investment Company as a direct defendant in the absence of a court order allowing it. I further agree with Judge Beasley that the case sub judice should be affirmed. However, while the majority opinion and Judge Beasley’s dissenting opinion assume the necessity of a court order under the provisions of OCGA § 9-11-21, I do not believe that this statute is applicable to these circumstances.
OCGA § 9-11-14 (a) provides in part that: “The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff ...” But for language in *355Robinson v. Bomar, 122 Ga. App. 564, 567 (2) (177 SE2d 815), there would be no suggestion in our case law that a third-party defendant could not be changed to a party defendant without leave of court. However, that language in Robinson v. Bomar, supra, has previously been acknowledged as dicta in C & S Land &c. Corp. v. Yarbrough, 153 Ga. App. 644, 648-649 (266 SE2d 508). In Robinson v. Bomar, supra, the “third-party plaintiff had dropped his suit against Bomar so that at the time she was added as a principal defendant she was no longer a party to the suit in any capacity.” C & S Land &c. Corp. v. Yarbrough, 153 Ga. App. 644, 648-649, supra. Thus, Robinson v. Bomar, supra, involved a situation falling under the control of the statutory language presently in OCGA § 9-11-21.
I would hold that the plaintiff was allowed to assert its claim in the case sub judice directly against the third-party defendant under the provisions of OCGA § 9-11-14. No court order was required as a prerequisite to the exercise of this statutory right. No new party was added to the case therefore, OCGA § 9-11-21 is irrelevant to the circumstances of the case sub judice.