CHHANGANI, J.—This is a defendants revision and is directed against the order of the Senior Civil Judge, Baran dated 26th July, 1966 deciding issue No. 6 in favour of the plaintiff-respondent and overruling the defendants objections as to the maintainability of the civil suit. The facts giving rise to revision application are briefly these :

On 15th March 1964 the plaintiff-respondent Jagdish Prasad, while going on a cycle from Kota on the Kota-Jhalawar road was knocked down at about 8 A.M. near 6th furlong of 7th mile by motor truck No. RJR 977 and received some injuries. The truck was registered in the name of M/s Yadav Motor Transport Co., Nasirabad, the defendant-petitioner No. 1 and the defendant-petitioner No. 2 is said to be one of the partners of the Yadav Motor Transport Co. Defendant-petitioner No. 3 Ghasiram is said to be the driver of the truck. At the time of the accident there was no Motor Accidents Claims Tribunal (hereinafter referred to as the Claims Tribunal) in existence for the area in which the accident took place. However, Government of Rajasthan, in the exercise of the power conferred by sec. 110 of the Motor Vehicles Act, 1939 issued notification dated 9th No

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