( 1 ) HEARD counsel for petitioner.

( 2 ) MOTOR Accidents Claims Tribunal, 9th Additional District Judge, Muzaffar- nagar has by its order dated 28. 10. 2002, allowed application filed by the claimant- respondent No. 2, Tej Pal Singh, under order 9, rule 4 read with section 151, Civil procedure Code for recalling order dated 19. 12. 2000 in Misc. Case No. 12 of 1998 for restoration of claim petition, which was dismissed in default on 19. 12. 1997 and has restored Misc. Case No. 12 of 1998 to its original number. The said order dated 28. 10. 2002, is under challenge in this writ petition.

( 3 ) MR. Saurabh Srivastava, the learned counsel for petitioner has relied upon a decision of Division Bench of this court in nanhi Bai v. Motor Accidents Claims Tribunal, banda, 1996 ACJ 1153 (Allahabad), holding that all the provisions of Code of civil Procedure have not been made applicable before the Tribunal and that only the provisions, specified under rule 21 of U. P. Motor Accidents Claims Tribunal Rules, 1967, are applicable. Neither Order 9, rule 9 nor section 151, Civil Procedure Code has been made applicable to the proceedings for restoration of application dismissed