Hon'ble Mr. Justice T. NK Singh

1. Heard Mr. K. Pradeep, learned counsel appearing for the Appellant-Insurance Company, Mr. Amarjit Naorem, learned counsel appearing for the respondent No. 1, Mr. S. Jiten, learned counsel appearing for the respondent No. 2 as well as Mr. Ashok Sharma, learned counsel appearing for the respondent No. 3 respectively.

2. This Revision Petition, under section 115 of the Code of Civil Procedure 1908, is directed against the judgment and award dated 08.09.2005 which is an appealable one. It is surprising to hear submission of Mr. Pradeep, learned counsel appearing for the appellant-Insurance Company that the appellant-Insurance Company, at the time of final hearing of the M.A.C. Case No. 106 of 2002, orally sought leave to defend the claim of the claimant No. 1/respondent on the grounds over and above the limited grounds available under section 149(2) of the MV Act. Mr. K. Pradeep, who is the Standing Counsel of the Appellant-Insurance Company, knows that the leave to defend the claim of the claimant No. 1/respondent on the grounds other than the limited grounds available under section 149(2) of the M.V. Act should be obtained before starting the c