Judgement

A. K. SARKAR J. : These two appeals arise out of two suits and have been heard together. The suits had been filed against owners of motor cars for recovery of damages suffered by the plaintiffs as a result of the negligent driving of the cars. The owners of the cars were insured against third party risks and the insurers were subsequently added as defendants to the suits under the provisions of sub-s. (2) of S. 96 of the Motor vehicles Act, 1939. The terms of that sub-section will have to be set out later, but it may now, be stated that it provided that an insurer added as a party to an action under it was entitled to defend on the grounds enumerated in it.

2. On being added as defendants, the insurers filed written statements taking defended other than those mentioned in that sub-section. The plaintiffs contended that the written statements should be taken off the records as the insurers could defend the action only on the grounds mentioned in the sub-section and on no others. A question thereupon arose in the suits as to what defences were available to the insurers. In one of the suits it was held that the insurers could take only the defences specified in that sub-sectio