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2012 Supreme(Raj) 322

MAHESH BHAGWATI
Om Prakash – Appellant
Versus
Chhitar – Respondent


Advocates Appeared
Atul Kr. Jain, for Appellants;
Ram Singh Rathore, Ms. Shruti Dixit, Sushil Pujari and Govind Chaudhary, for Respondents

BHAGWATI, J.—Since both these appeals arise out of and pertain to order dated 15.3.2011 rendered by Motor Accident Claims Tribunal, Tonk and relate to one accident, the arguments have been heard together and they are being disposed of by this common order.

2. Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that despite having granted numerous adjournments by the learned Tribunal to file the written statement of defence on 10.4.2002, 26.2.2004, 5.7.2004, 23.8.2004 and 4.4.2005, the defendants appellants did not file the same. Resultantly, the learned Tribunal closed the opportunity to file the written statement of defence and passed an ex-parte award in favour of claimant(s) on 29.3.2006 and against the defendants-appellants. The petitioners filed the application under Order 9 Rule 13 readwith Section 151 CPC for setting-aside the ex-parte award along-with an application under Section 5 of the Limitation Act after an inordinate delay of 4 years and 9 months i.e. more than 1730 days. The appellants did not disclose any sufficient cause for this inordinate delay.

3. It is relevant to record that the appellants are req




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