Honble BALIA, J.–This appeal is directed against the order dated 4.5.2000 passed by a learned Single Judge of this Court in Smt. Vimla Devi and Anr. vs. Rajendra Kumar and Ors. (1), whereby the writ petition filed by the petitioners was dismissed.

(2). The facts giving rise to this appeal are that the appellants were claimants before the Motor Accident Claims Tribunal, Bikaner (for short `the Tribunal). The accident occurred on 19.6.1988. The claim petition No. 66 of 1988 filed by the appellants was dismissed for want of prosecution vide order dated 20.5.1993 as their counsel was absent at the time when the matter came up for hearing. the claimants-appellants who are the legal representatives of deceased Jankinath @ Jankidass had not filed any application for restoration but they preferred a fresh claim petition on 28.11.1997. The Tribunal rejected their fresh claim petition holding that the claimants have not made out sufficient cause for their non-appearance on 20.5.1993, then is not maintainable. the fresh claim petition was dismissed by invoking the provisions of O.VII, Rule 11 CPC.

(3). Order VII, Rule 11(d) CPC specifically provides that the plaint shall be rejected in cases wh

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