RAM KHILAWAN VERMA Vs. RIKHIRAM

JUDGEMENT

(1.) THIS appeal is directed against the order dated 23-9-99 passed in Claim Case No. 97/97 by the 1st Additional Motor Accident Claims Tribunal, Raipur rejecting the claim petition on the ground that in claim cases provisions of Order 23 Rule 1 of the Code of Civil Procedure are applicable.

(2.) HEARD learned counsel Shri H. S. Patel.

(3.) LEARNED counsel for the appellant submitted that provisions of Order 23 Rule 1 of the Code of Civil Procedure would not apply in the claim cases and the fact that earlier the appellant withdrew claim petition was of no consequence and he was entitled to maintain a fresh claim case.