ALLANA JAGANNATH Vs. SASHANAM LACHANA

JUDGEMENT

(1.) THIS writ petition has been filed by the owner of the vehicle/opposite party No. 1 before the Second Motor Accident Claims Tribunal, challenging the order -dated 31.05.1994 passed in MJC No. 2 of 1994.

(2.) HEARD Mr. A.K. Mishra, learned Counsel for the petitioner, Mr. L Pradhan, learned Counsel for opposite parties 1 and 2 and Mr. M. Sinha, learned Counsel for opposite party No. 3.

(3.) THE said application, i.e. MJC No. 2/94 was dismissed by the learned Second Motor Accident Claims Tribunal (S.D.) Berhampur vide order dated 31.05.1994 with the following observation: Perused the office objection as well as the judgment passed in this case on 28.08.1993. Since the judgment pronounced in this case on 28.08.1993 was a contested one, such a petition under Order 9, Rule 13 filed by the respondent No. 1 is not maintainable. Hence the MJC No. 2/94 is dismissed.