(dissenting). I would affirm the action of the trial court granting the plaintiffs’ amendment, although I agree with the majority that the reliance of the trial judge on Bensinger v. Reid (1969), 17 Mich App 219, is misplaced.
The facts disclose that the accident which is the basis of the complaint of the plaintiffs occurred on December 28, 1966. Suit was commenced by the plaintiffs against the principal defendants on February 23, 1968, and on May 31, 1968, a third-party complaint and summons was issued against the third-party defendant. On November 15, 1968, an answer to the third-party complaint was filed by the third-party defendant. The order granting the plaintiffs’ motion to add the third-party defendant as a principal defendant was entered on April 27, 1970. Thus, the third-party defendant was a party to this action within the three-year statute of limitations prescribed by MCLA § 600.5805 (Stat Ann 1962 Rev § 27A.5805).
The controlling question is whether the statute of limitations was tolled from the time the third-party defendant was properly served with a copy of the complaint and summons. MCLA § 600.5856 (Stat Ann 1962 Rev § 27A.5856) reads as follows:
“The statutes of limitations are tolled when * * *
“(2) jurisdiction over the defendant is otherwise acquired * * * .”
I would hold that under the facts of this case the trial court acquired the sufficient jurisdiction over *679the third-party defendant so as to meet the requirements of MCLA § 600.5856 (Stat Ann 1962 Rev § 27A.5856). The statute of limitations was tolled when the third-party defendant was properly served with a copy of the complaint and summons.
The statute of limitations having been tolled, the granting of the plaintiffs’ motion to amend their complaint by adding the third-party defendant as a principal defendant was discretionary with the trial judge. The record fails to sustain any abuse of discretion and I would affirm.