AUTO TRADE AND TRANSPORT Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) The short question which is raised in this petition preferred under Section 115 of the Code of Civil Procedure be noticed as under :

(2.) Notice was served on the present petitioner. A written statement was filed. This was done on 27-2-1981. Later on, an application was filed under Order 6 Rule 17. In this application, a new plea was sought to be taken. This plea was to the effect that as notice was not given u/S. 10 of the Carriers Act of 1865, therefore, the suit is not maintainable. This application has been dismissed on the ground of delay. It is against the above order, the present revision petition has been preferred.

(3.) I am of the opinion that no case for interference has been made in this revision petition. This is because the plea sought to be raised is highly belated. Apart from this, if objection is not taken to the non-giving of a notice then this objection would be deemed to have been waived. The fact that the notice can be waived would be apparent from the various decisions which are being noticed hereinafter.