!! 1 !!
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL WRIT PETITION NO.372/2009
(Khiv Raj Vs. Judge, MACT & Ors.)
Date of order :: 19.01.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.S.S. Rathore, for the petitioner.
Heard learned counsel for the petitioner.
A claim petition was filed by the
petitioner before the Motor Accident Claims
Tribunal, Jodhpur. The said claim petition was
dismissed in default vide order dated 09th January,
2001 for non-appearance of counsel for the
complainant. Thereafter, an application for
restoration was filed by the petitioner under
Order 9 Rule 9 C.P.C. alongwith an affidavit of
Shri Parbat Singh, Advocate, in which, reasons for
non-appearance were given by counsel of the
petitioner Shri Parbat Singh. It was also brought
to the notice of the Court in the application that
!! 2 !!
another lawyer Shri Amar Krishan Vyas surrendered
his registration, therefore, the date on which
the claim petition was dismissed in default, he
was not lawyer.
It is contended by learned counsel for
the petitioner that dismissal of petitioner’s
application filed under Order 9 Rule 9 CPC is
illegal because sufficient reasons were brought to
the notice of the Court, but those reasons have
not been considered properly and straightaway the
application for restoration of the claim filed by
the petitioner was dismissed.
After perusing the order impugned dated
12th January, 2005 as well as the affidavit filed
by Shri Parbat Singh, Advocate, I am of the
opinion that the order passed by M.A.C.T., Jodhpur
is not justified, because claim petition filed by
the petitioner was dismissed on the ground that
none of the counsel was present in the Court on
the date of dismissal of the claim in default on
09th January, 2001.
In this view of the matter, the order
dated 09th January, 2001 and the order dated 12th
January, 2005 are hereby set aside and M.A.C.T.,
!! 3 !!
Jodhpur is directed to restore the claim and
decide the same on merit.
Accordingly, the writ petition is
allowed.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-