T.N. Singh, J.

1. Today, in this matter, Shri Balwant Singh has appeared who could not be heard on the last date in Civil Revision No. 133 of 1991, disposed of on 8-8-1992 by severing connection of that from this Revision.

2. He has submitted that it is his duty to bring to my notice the fact that there is a decision to the contrary in Bhagwati Prasad v. Oriental Fire and General Insurance Co., 1989 (I) MPWN 6. He has submitted that view was taken in that case that driver was not necessary party while, in the order aforesaid dated 8-8-1992 as also in the case of Shahzad Khan, 1986 (I) MPWN 28, it has been held that driver is a necessary party.

3. However, I do not think if it is at ail necessary to refer to the Larger Bench the question to resolve the controversy because there was no controversy at all as will be seen presently. The question of joinder of parties had come up before me in revision in both cases in Shahzad Khan (supra), C. R. No. 221 of 1985, and in the last case decided on 8-8-1992 in Civil Revision No. 133 of 1991. On the other hand, Bhagwati Prasad's case (supra) was one which was the decision rendered in appeal when the award itself was challenged and validity