MAHENDRA RATHORE Vs. OMKAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) A claim petition filed by the appellant before the Motor Accident Claims Tribunal at Shivpuri, Madhya Pradesh came to be dismissed in default of appearance on 27-1-1998. On 15-4-1998, the appellant filed an application for restoration of the claim petition under Order 9, Rule 9, C.P.C. setting out the necessary facts explaining the reasons for failure to appear on the date of hearing and the delay in moving the application. That application was rejected by the Tribunal. The appeal preferred in the High Court also met the same fate.

(3.) We have heard the learned counsel for the parties.