KALAWATI WAMANRAO SONUNE Vs. ABDUL KALIM SHEIKH RAHIM

JUDGEMENT

(1.) HEARD. Admit. Taken up for final disposal with the consent of the learned Counsel for the rival parties.

(2.) IN support of the present first appeal, learned Counsel for the appellant made the following submissions. Though it is true that the owner of the vehicle respondent no.1 in the claim petition took a stand in the written statement that one Mr. Shabbirkhan was the driver of the vehicle owned by him and he was not driving the vehicle, fact remains that illiterate clients are guided by their Counsel and it was for the Counsel for the appellant to take appropriate steps to apply to the Court for adding driver as party respondent to the claim petition but that was not done. He relied on the following decisions.

(3.) PER contra, learned Counsel for the respondent nos.1 and 2 vehemently opposed the appeal and argued that not only that there was written statement filed by the owner of the vehicle that he was not driving the vehicle and had also named the driver who was driving his vehicle, the issue was specifically framed as to whether the claim petition was maintainable for non-joinder of necessary party, namely the driver.