NATIONAL INSURANCE COMPANY Vs. ATAM PARKASH & ORS

JUDGEMENT

(1.) This appeal has been filed by insurance company against award dated 31st August, 2003 passed by the Tribunal along with an application under Order 41 Rule 27 CPC. Notice of this appeal was served upon respondents/claimants and the claimants filed their reply to the appeal on 21st November, 2006 opposing the appeal. It was stated in the reply that the appeal was baseless and was liable to be dismissed and the Tribunal rightly passed the claim against the appellant and in favour of the respondents.

(2.) The application of the appellant under Order 41 Rule 27 CPC for leading additional evidence was dismissed by this court vide order dated 14th May, 2008 with costs of Rs.5,000/- to be paid to Delhi High Court Legal Services Authority. While the matter was pending for final disposal of the appeal, the respondents/claimants filed cross-objections on 8th September, 2009 under Order 41 Rule 22 CPC along with an application for condonation of delay seeking condonation of delay of 2459 days and another application for seeking condonation of 60 days delay in re-filing the cross-objections.

(3.) Learned counsel for the appellant appeared and stated that in view of the fact that application under Order 41 Rule 27 CPC for additional evidence was dismissed, nothing survived in the appeal as the entire appeal was based on the hope that the court will allow application under Order 41 Rule 27 CPC for additional evidence. The appeal filed by the appellant is, therefore, liable to be dismissed as it is not pressed.