UNION OF INDIA Vs. SHIYARAM RATHORE

JUDGEMENT

(1.) Heard. The present revision petition has been filed against the judgment and decree dated 30 6.1999, though in the revision memo it is stated that it has been filed against the order dated 30.6.1999.

(2.) The facts leading to this petition are that respondent No. 1 filed a civil suit for recovery of damages on account of the Injuries suffered by him in a railway accident. During the course of the trial, the defendants raised a question that the suit was not maintainable before the Civil Court and the claim should have been lodged before the Railway Accidents Tribunal. The trial Court after hearing the parties, while answering the question No. 6 observed that the suit was cognizable by the Civil Court. It accordingly decreed the suit.

(3.) Ordinarily, against the judgment and decree, a regular first appeal lies to the High Court under Section 96 of the Code of Civil Procedure, but the defendant/applicant for the reasons best known to him did not challenge the correctness, validity and propriety of the judgment and decree before this Court.