YOGINDER SINGH Vs. NAND KALI AND ORS.

JUDGEMENT

(1.) THE appeal and this application have been taken up together for decision.

(2.) THE case urged by the Appellant herein is that he has not been served before the trial Court and that the summons on the record do not bear his signatures. If that be so, it is evident that a fraud has been practiced on the Appellant herein. Second ground urged is that the vehicle involved in the accident was duly insured and in this event, the liability would be that of the Insurance Company to substantiate this plea, the Appellant herein has placed on record a copy of the insurance policy as Annexure:A1 with CMP. No. 1035 of 2010.

(3.) BOTH these questions i.e. non -service of the Appellant herein as also the fact as to whether the vehicle involved in the accident was insured or are to be established by leading evidence before the learned Tribunal. In this event, the application being CMP.(M). No. 1391/2010 is allowed, the delay condoned and the appeal remanded. The appeal is disposed of with the directions that: