( 1 ) THE plaintiff respondent brought the suit out of which the present appeal arises for recovery of Rs. 5,570/-, being the price of a motor vehicle which had belonged to his father and which had been delivered to defendant No. 2 Messrs. W. Leslie (Motors) under the directions of the Provincial Transport Authority purporting to be under the provisions of Civil Motor Transport Vehicles Control Order, 1944. There was a further claim for damages against the defendants.

( 2 ) THE plaintiff had impleaded the State (then the Province) of West Bengal as defendant No. 1 and Leslie (Motors) as defendant No. 2. Although notices of the filing of the suit were duty served on the province of West Bengal neither did the Province appear nor file any written statement in the trial Court. The defendant No. 2 filed a written statement admitting that the motor vehicle in question had been received in their workshop for submitting an estimate for repairs to the Government. No sanction of the estimate submitted was received and the Vehicle has been lying with them, at the risk and responsibility of the person entitled to the same, Leslie (Motors) denied all liability for the pri