BIMLA Vs. KULDEEP SINGH

JUDGEMENT

(1.) Instant application under Order 41 Rule 19 read with Section 151 of CPC has been filed for restoration of the FAO No. 4811/2011 which was dismissed for non-prosecution vide order dated 9th January, 2012. The application is supported by an affidavit of Counsel for the appellant.

(2.) Upon notice of the claim petitions, owner, driver and insurer of offending vehicle contested the claim petitions by filing written statements.

(3.) In their joint written statement, driver and owner of the offending vehicle denied involvement of the offending vehicle in the alleged accident and dubbed the case of the claimant as concocted story.