LALLURAM Vs. BALDEORAJ AND OTHERS

JUDGEMENT

(1.) In this case, an application under Order XLI, Rule 27, C.P.C. has been filed stating that before the trial Court, that is, the Motor Accident Claims Tribunal, the Certificate of Registration of Truck No. RSB 270 could not be produced and, therefore, it could not be proved that Shri Baldev Raj is the owner of the truck. Now a certified copy of that Certificate of Registration has been obtained and that has been filed to show that the liability is also to be fastened on the owner of the truck, including the driver who allowed Shri Sube Singh to drive the truck when he was not a driver.

(2.) Keeping in view all the facts and circumstances, the application is allowed and the case is remanded to the Court-below (MACT, Jodhpur) for recording evidence about ownership of the truck and to find out whether Shri Basheer Ahmad, who was driver of the truck and who allowed Sube Singh to drive the truck, are responsible for the accident and to decide the case, afresh, after recording evidence about ownership of the truck. With these direction, the case is remanded. The Misc. appeal stands disposed of, accordingly.