LAWS(P&H)-1978-3-2

DARSHNA DEVI Vs. SHER SINGH

Decided On March 08, 1978
DARSHNA DEVI Appellant
V/S
SHER SINGH Respondents

JUDGEMENT

(1.) IN this petition the relief sought by the petitioners who are claimants before the Motor Accidents Claims Tribunal, Hissar, is for setting aside an order dated the 21st of April, 1976, made by the Tribunal and holding that although the petitioners are paupers, they cannot be absolved of the responsibility of paying court--fee on the claim petition for the reason that Order XXXIII of the Code of Civil Procedure is not applicable to proceedings adjudicated upon by the Tribunal.

(2.) IN coming to the conclusion that the the proceedings before the Tribunal were not governed by Order XXXIII of the Code of Civil Procedure, the Tribunal relied on rule 20 of the Punjab Motor Accidents Claims Tribunal Rules, 1964 and a single Bench decision of this Court reported as Groz Beckert Sabool Ltd. v. Jupiter General Insurance Co. (1968) 68 Pun LR 161 : (AIR 1965 Punj and Har 477 ). Rule 20 reads thus:

(3.) IN the result the petition succeeds and is accepted and the impugned order is set aside. The petitioners are held entitled to the benefit of the provisions of O. XXXIII of the Code of Civil Procedure. The Claims Trbunal shall henceforward proceed on that basis. The parties shall appear before it on 20th of March, 1978, No costs.