RAJESH KUMAR ALIAS RAJOO Vs. BAL KISHAN AGNIHOTRI

JUDGEMENT

(1.) HEARD Sri B. P. Singh, learned counsel representing the appellant-applicants and Sri P. R. Pal, learned counsel representing the claimant-respondent.

(2.) BY means of this application dated 16th April, 1991, under section 151 of the Code of Civil Procedure, 1908, hereinafter called the 'Code', the applicants pray for modification of the orders dated 7th January, 1992 and 14th February, 1992 passed by this court and grant of extension of time for making certain deposit directed by this court.

(3.) IT appears that on account of lapse of the interim order, the impugned award of the Motor Accident Claims Tribunal was put into execution and a citation dated 25th October, 1991 was issued to the appellant-applicants for realisation of the amount payable by them. This led the appellant- applicants to rush to this court and pray by means of the application dated 29th October. 1991 for stay of the operation of the citation dated 25th October, 1991, although the citation was not the subject matter of the appeal IT will be pertinent to notice that by this time the appellant- applicants had changed their counsel and had chosen to move this application by another counsel, namely, Sri K. K. Tripathi. IT is also relevant to notice that copy of this application was mot served on Sri P. R. Pal, who was continuing to represent the claimant-respondent. Instead, the copy of the application was sent to Sri Pal by registered post. Sri Pal states that he is not sure about the receipt of the aforesaid copy sent to him through registered post. The application dated 29th October, 1991 come up for consideration before the court on 2nd January, 1992 but it was dismissed for want of prosecution. However, on 7th January, 1992, the court recalled the order dated 2nd January, 1992 and, while recalling the order dated 2nd January, 1992, passed the following interim order : "Honourable B. Dikshit, J. The order dated 2-1-1992 is recalled. The sale of the property of petitioner in pursuance of the recovery proceedings shall remain stayed till 10th February, 1992 provided the appellant makes the deposit of amount demanded under citation within one month from today. In case of default this order shall stand vacated automatically. Sd/- B. Dikshit." Dt. 7-1-92