SHANTILATA SAHOO Vs. SAMARENDRA NAYAK

JUDGEMENT

(1.) THE claimants have filed this appeal against the nil -award dated 22.2.1997 wherein the application of the claimants was dismissed on the ground that no evidence had been adduced by the claimants. The case was posted to 22.2.1997 for hearing: However, on that date nobody appeared on behalf of the claimants and the Claims Tribunal dismissed the claim petition saying that no evidence had been adduced. On the same day soon after the order of dismissal, the claimants filed application for recalling the order of dismissal and for giving them an opportunity for adducing evidence. The said application was rejected on the ground that final order had already been passed.

(2.) IT is now well settled that provisions of Order 9, Rule 9 of the Code of Civil Procedure (hereinafter referred to as the 'C.P.C.') are also applicable for proceeding before the Claims Tribunal. In that view of the matter, the Tribunal should have entertained the application under Order 9, Rule 9, C.P.C. In normal course, I would have called upon the Tribunal to dispose of the application under Order 9, Rule 9, C.P.C. However, having regard to the averments made in the said petition under Order 9, Rule 9 and reiterated in the Misc. Appeal and in order to avoid further delay and in the interest of justice, I consider it a fit case where the order of dismissal dated 22.2.1997 should be set aside and all the parties should be given opportunity of adducing evidence in support of their respective cases. Accordingly, I allow the appeal, set aside the order dated 22.2.1997 and remand the matter to the Claims Tribunal for fresh disposal on merit. It is, however, made clear that in case the claimants ultimately succeed in the case, no interest would be payable to them for the period during which the claim application stood rejected, that is to say for a period of six months from March 1997 to the end of August, 1997. It is further directed that the appellants are exempted from paying the court -fee till disposal of the claim application, whereafter the question of payment of court -fee would arise depending upon the result of the case.