YOGENDRA SINGH Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL

JUDGEMENT

(1.) HEARD the Learned Counsel for the parties.

(2.) BY the present writ petition the Petitioners have prayed for a writ of certiorari quashing the order dated 17 -6 -2004 passed by the Motor Accident Claims Tribunal, Pauri Garhwal.

(3.) THE opposite parties Petitioners moved the application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree along with application under section 5 of the Limitation Act for condonation of delay in filing the application. The Claims Tribunal considered the application under section 5 of the Limitation Act and concluded that the opposite parties Petitioners have failed to establish that they were prevented by sufficient cause from appearing in the Court when the case was decided ex parte and dismissed the application under Section 5 of the Limitation Act as well as application under Order 9 Rule 13 of the Code of Civil Procedure. Feeling aggrieved the present writ petition has been filed.