NARINJAN SINGH Vs. BALWINDER KAUR

JUDGEMENT

(1.) This revision petition has been filed for quashing the impugned order dated 29.5.1997 passed by the learned Motor Accidents Claims Tribunal, Karnai whereby the evidence of petitioner who was respondent. No. 2 in the claim petition was closed and his application for comparison of his signatures was declined.

(2.) A claim petition No. 69 of 1994 under the Motor Vehicles Act has been filed by claimants i.e. respondents No. 1 to 5 alleging involvement of Tractor No. HRH-2702 against Kulwinder Singh alias Pappu, respondent No. 6 being driver, owner and Supurdar of the said tractor. The petitioner Narinjan Singh, the previous owner of the tractor, which had been sold to Kulwinder Singh alleging to be the registered owner of the said tractor, was impleaded as respondent No. 2, before the Tribunal.

(3.) It is alleged that Kulvinder Singh respondent has engaged Shri S.L Nirwania, Advocate to defend his case. One Shri Pardeep Kumar, a Junior of Shri S.L. Nirwania, Advocate, without seeking any instruction from the present petitioner filed a Power of Attorney not signed by him. He also filed written statement on behalf of the petitioner. Having come to know of the filing of the written statement on behalf of the petitioner by Shri Pardeep Kumar, Advocate not engaged and instructed by the petitioner, an application was made by the petitioner before the Tribunal for comparison of the signatures on the power of attorney and written statement so filed by an Expert who was present in the Court.