( 1 ) THIS is a defendants appeal arising out of a suit for recovery of damages. The plaintiff owned a motor lorry which was being used for unloading ballast in the Kharia aerodrome. On 21-7-1942, a lorry driven by Maqbul Hasan defendant 2 (respondent 3 in the present appeal) while engaged in the business of transporting ballast from a certain village to the Kheria aerodrome struck the plaintiffs lorry and damaged it. The plaintiff had to incur expenses in repairing the lorry and the lorry remained out of use for a period of about one month. The plaintiffs case was that the lorry was owned by the defendant-appellant firm which was arrayed as defendant 1 in the suit and that defendant 2, Maqbul Hasan was its servant working under its directions at the time of the incident. He alleged further that defendant 2 was driving the motor lorry rashly and negligently and it was on account of such rash and negligent driving of defendant 2 that the plaintiffs lorry was damaged. He, therefore, sued both these defendants to recover damages to the extent of Rs. 1500.

( 2 ) DEFENDANT 1 pleaded that it was merely a hirer of the lorry and had no control on the action of defendant 2 and