''Provided that the court may refrain from suspending the proceeding and issuing the notice if— (а) the proceeding is a suit, appeal or application instituted or made by the soldier, alone or conjointly with others with the object of enforcing h right of pre-emotion, or (б) the interests of,the soldier in the proceeding are, in the opinion of the Court, either identical with those of any other party to the proceeding and adequately represented by such other party or merely of a formal nature...''