SANGAM LAL KESARWANI Vs. SOGHRA DEVI

JUDGEMENT

(1.) Heard learned counsel for the petitioners and perused the record.

(2.) The facts of the case which have given rise to the present petition under Art. 227 of the Constitution of India are as follows:- A motor accident claim petition was filed by the claimant-respondents along with an application under Sec. 5 of the Limitation Act, which was assigned Misc. Case No.687 of 1993. The application under Sec. 5 of the Limitation Act as well as all pending applications in the said proceeding came to be dismissed for non prosecution by order dated 23.04.1999 passed by the Tribunal presided over by Additional District Judge, XVI, Allahabad. Thereafter, the claimant-respondents filed a fresh claim petition No.132 of 1999. In the fresh claim petition, an ex-parte award was passed on 18.08.2001 against which an application was filed for recall of the ex-parte award. The said application was allowed and the ex-parte award was set aside. Since then the proceedings are pending before the Motor Accident Claims Tribunal/Additional District Judge, Court No.5, Allahabad as M.A.C.P. No.132 of 1999. In these pending proceedings, an application 83-Ga was filed by the petitioners for dismissal of the claim petition as not maintainable on account of earlier dismissal of Misc. Case No.687 of 1993.

(3.) By the impugned order dated 11.01.2017, the Additional District Judge, Court No.5, Allahabad/M.A.C.T. rejected the application 83-Ga.