VIMLA DEVI Vs. MAJEED MISTRI

JUDGEMENT

(1.) HEARD learned Counsels for the parties, perused the memo of appeal and the order dated 11.6.1997 of the Motor Accident Claims Tribunal, Jaipur City, Jaipur in Misc. Case No. 05/1994. Under this order the application filed by the claimant appellants under Order 9 Rule 9 of the CPC for restoration of claim petition, which was dismissed for non -prosecution, has been rejected.

(2.) THE facts of the case in brief are that the claimant appellants filed the claim petition before the Motor Accident Claims Tribunal, Jaipur City, Jaipur for compensation on account of death of Mr. Beni Prasad in a motor accident which occurred on 3.12.1984. The claim petition was filed by the claimant appellants in the Tribunal through Advocates Mr. R.C. Chouhan and Mr. A.K. Saxena. Later on the claimant appellants engaged Mr. Ashok Kumar Bairwa, Advocate to conduct their claim petition.

(3.) THE claimants appellant submit that for a long time they had not received any information from their Advocate about the claim petition. Thus they enquired about the matter and came to know that the Counsel, engaged by them in the claim petition, has expired. The claimant appellants instructed Mr. Girish Pareek, Advocate to enquire about the matter. On inquiry it came to their notice that the claim petition has already been dismissed for non -prosecution. The claimant appellants instructed Mr. Girish Pareek to file an application for restoration thereof. The notice of this application filed by the claimant appellants for restoration of the claim petition were issued to the respondents. Under impugned order dated 11.6.1997 that application was came to be rejected, hence this appeal.