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W.P.5133 of 2010
Smt. Malti and others Akhilesh & others
16.8.2010
Shri Asim Dixit, Counsel for the petitioners.
Shri Shailendra Samaiya, counsel for the respondents.
This petition is directed against an order dated
26.3.2010 by III Additional Motor Accident Claims Tribunal,
Sagar by which an application filed by the petitioners under
Order 7 Rule 14 C.P.C. was rejected. Along with the
application the petitioner filed documents relating to the
treatment of her husband Munnalal Ahirwar and allied
papers. The Tribunal found that the case has been fixed for
recording evidence. No reason has been assigned for non-
filing of the documents before fixing the case for recording
evidence. Though it is true that the documents were not
filed before fixing the case for recording evidence but it
appears that the documents filed by the petitioner belongs to
the treatment of her deceased husband. Apart from other
medical papers, the aforesaid documents are necessary for
the just decision of the case.
In view of the aforesaid, we find that the Tribunal
erred in rejecting the application filed by the petitioners. The
impugned order in that regard is set aside and it is directed
that the Tribunal shall receive the documents filed by the
petitioners on record and thereafter shall proceed in the
matter in accordance with law.
Considering the facts of the case, there shall be no
order as to costs.
(Krishn Kumar Lahoti) (J.K. Maheshwari)
JUDGE JUDGE
vj
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W.P.5133 of 2010
Smt. Malti and others Akhilesh & others
16.8.2010