ORIENTAL INSURANCE COMPANY LIMITED Vs. PADMAWATI

JUDGEMENT

(1.) THIS order shall dispose of the petition under Article 227 of the Constitution of India filed by the petitioner/Insurance Company against the order passed by the learned Motor Accident Claims Tribunal, dated 6.9.2010, vide which, the application filed by the claimants under Section 151 CPC for taking on record additional evidence was allowed.

(2.) I have heard the learned counsel for the parties and have gone through the record of the case.

(3.) IN the reply filed by the present petitioner/Insurance Company, they had taken the objection, which are also being taken before this Court, that the application was not maintainable as the case was fixed for judgment. To substantiate his submission, the learned counsel for the petitioner has relied upon the decision in Arjun Singh versus Mohindra Kumar and others, AIR 1964 Supreme Court 993, which shows that it was observed by their Lordships that where the court has adjourned the hearing of the suit ex parte, the entire hearing is complete and that the suit is adjourned for pronouncing the judgment, the application under Order 9 Rule 7 does not lie.