Syed Agil Barakbah J

The appellants, the QBE Insurance Limited, are the successors of the Bankers and Traders Insurance Co. Ltd. on whom leave was granted by the Magistrate, Jitra on April 3, 1978 to the second defendant in Civil Action No. 80 of 1978, to issue and serve a Third Party Notice and for them to be added as such. The said Order was granted on an ex parte application. In the civil action the two infant plaintiffs filed a writ suing through their father and next friend, against the defendants claiming damages for injuries sustained as a result of an accident which occurred while they were riding a bicycle from the direction of Jitra towards Kodiang, when they were knocked down by a motor van KA 7558 driven by the first defendant, as agent of the second defendant, the Ketua Pengarah Pelajaran, State of Kedah.

The appellants subsequently applied to set aside the Order but the application was dismissed by the learned Magistrate. They have now appealed against the whole of the said decision.

There are four grounds of appeal as the second ground was not proceeded with.

Grounds (1) and (3) are dealt with together i.e. whether the second defendant has any locus standi or legal r