Honble JAIN, J.–This appeal has been filed under Order 43 Rule 1 (d) CPC against the order dated 4.2.1997 passed by Motor Accident Claims Tribunal, Hindaun City, in Civil Misc. Application No. 38/1996 whereby an application under Order 9 Rule 13 CPC filed by the appellant was dismissed.

(2). Learned counsel for the respondent has raised an objection that this appeal, arises out of application for compensation filed under the provisions of the Motor Vehicles Act and no appeal in such matters lies under Order 43 Rule 1 (d) CPC against an order passed by Tribunal on an application under Order 9 Rule 13 CPC. He submits that the appellants may file the writ petition under Article 227 of the Constitution of India challenging the said order, but appeal is not maintainable. He has placed reliance on the case of Mangla Jat vs. Raju, reported in 2001 (1) WLC (Raj.) 698, wherein this Court has held as under :

6. ``Reliance is placed by the counsel for the respondents on a judgment of this Court in the case of Vikram Singh Verma vs. Smt. Kashmiri Devi and Others 2000 (2 WLC (Raj.) 314 wherein application was moved for setting aside exparte award passed by the Commissioner Workmens Compensation A

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