Hon'ble BHATT, J.—The applicants, by way of present petition, have challenged the legality and validity of order dated 2nd June 2004, passed by the learned Motor Accident Claims Tribunal (Main), Navsari, whereby, the application for restoration being Misc. Civil Application No. 8 of 2004 was rejected on the ground that there is no provision to restore the Restoration Application in the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code' for short). The applicants have challenged order dated 2nd June 2004 passed in Misc. Civil Application No. 8 of 2004 as well as order dated 9th January 2004, passed in Misc. Civil Application No. 99 of 2003, whereby, the application filed under O. 9 R. 4 of the Code for restoration of Motor Accident Claim Petition No. 543 of 1995, was dismissed for default.

2.0 After preliminary hearing of this matter, by order dated 13th August 2004, Rule was ordered to be issued. The respondents are served. Learned advocate Mr. UM Panchal is appearing on behalf of respondent nos. 1 and 2 and learned advocate Mr. Salil Thakore is appearing on behalf of respondent no. 3.

3.0 The learned advocate for the applicants submitted that the impugned orders ar

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