( 1 ) THE opposite party No. 3 filed a suit for declaration that he is the owner of the disputed bus and for Injunction restraining the defendant-petitioner from interfering with the possession of the plaintiff in respect of the bus and the permit. The said suit was registered as Suit No. 1 of 1999 in the Court of Civil Judge, Senior Division, Mainpurt. In the said suit, an application was filed by the defendant-petitioner raising an objection as to the maintainability of the suit on account of its bar under Section 94 of the Motor Vehicles Act, 1988 by means of application No. 27c. Admittedly no written statement was filed by the dependent-petitioner. The said application 27c was disposed of by the learned Civil Judge, Senior Division. Mainpuri, by an order dated 27th april, 1999 holding that the suit is barred under Section 94 of the Motor Vehicles Act and is outside the jurisdiction of the civil court and, therefore, the plaint be returned. Against this order misc. Civil Appeal No. 24 of 1999 has since been filed by the plaintiff. The learned District judge, Mainpuri. by an order dated 18th May, 1999 allowed the said Appeal and set aside the order passed by the le