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1980 Supreme(Pat) 78

LALIT MOHAN SHARMA
Bijay Kumar Mahaseth – Appellant
Versus
Dinanath Jha – Respondent


Judgment

Lalit Mohan Sharma, J.

1. On 7th September, 1977, two boys, each aged 15 years were kilied in a road accident and cheir respective fathers filed claim petitions on 15-10-1977 under Sec.110-A of the Motor Vehicles Act claiming damages from the petitioner. The cases were registered as Misc. Case nos.40 and 41 of 1977. On 30-11-1978, applications were filed for adding the respective mothers of the victims as parties, which were allowed, by orders dated 1-12-1978. The petitioner has challenged the orders in the present civil revision applications, which have been, at the request of the parties heard together and are being disposed of by this common judgment.

2. Mr. S. P. Srivastava, appearing for the petitioner, has contended that the father of a Hindu boy not being his heir and legal representative in presence of the mother, cannot maintain a claim petition aad the mother who is the rightful claimant cannot be added as party to the proceeding afcer expiry of the period of limitation for filing claims. It has been argued that the provisions of the code of Civil Procedure are not appliable to the proceeding question and, in any event, the inherent power cannot ba exercised by a



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