( 1 ) THIS petition arises out of proceedings under Motor Vehicles Act, called the Act. Claim petition was registered as M. A. C. No. 256 of 1997; copy of the claim petition has been filed as Annexure-9 to the Writ Petition.

( 2 ) MOTOR Claims Tribunal, Bijnore/viith Additional District Judge, Bijnore, has passed an order dated 13/12/1999 (Annexure-10 to the Writ Petition) and thereby rejecting petitioners Application (38 Ga) to decide the question whether the machine in question (Wheel-loader) is covered by the definition of motor Vehicle under the Act. According to the Petitioner, wheel-loader, not being Motor Vehicle under the aforesaid Act, the Claim petition was not maintainable. Petitioner claims that this issue be decided as a preliminary issue before requiring him to tender evidence.

( 3 ) APPLICATION-PAPER No. 38 GA (has been filed as Annexure-5 to the Writ Petition) was filed by petitioner/opposite party praying that in view of their defence in the written statement (to the effect that Wheel-loader involved in accident is not covered by the definition of motor Vehicle contained in Motor Vehicles Act) an issue be framed and decided as preliminary issue. On beh