Sarjoo Prosad, C.J.—These three appeals arise out of as many suits for recovery of damages instituted against the common defendant, the Kotah Transport Ltd., the appellant in all these appeals, by different plaintiffs, who are respondents to these appeals. First Appeal No. 21 of 1952 arises out of Suit No. 14 of 1949 instituted by the Jhalawar Transport Service Ltd., the plaintiff in that suit, in the Court of the Civil Judge at Jhalawar. First Appeal No. 4 of 1955 arises out of suit No. 36 of 1949 instituted by the plaintiff Amar Nath Bhatia in the Court of the District Judge at Kotah, while First Appeal No. 5 of 1955 arises out of Suit No. 37 of 1949 instituted in the same Court by the plaintiffs Smt. Gayatri Devi and her minor son Bhirendra. All these suits were filed on the same day, that is, 29th of July, 1949. Most of the witnesses are also common, but suit No. 14 of 1949, which has given rise to First Appeal No. 21 of 1952, was disposed of earlier on the 29th of March, 1952, by the Civil Judge of Jhalawar, and the other two suits were disposed of later by the District Judge of Kotah on the 30th of November, 1954.

2. All these cases relate to an unfortunate incident, which hap

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