Surya Kant, J.

1. This revision petition has been preferred against an order dated 21.1.2005 passed by the Motor Accidents Claims Tribunal, Rohtak vide which the petitioners application under Order 9 Rule 3 CPC for setting aside the exparte proceedings as well as the consequential award passed against him in MACT case No.77 of 1997, titled as "attar Singh V/s. Girdhar lal and Ors. ". An accident, which allegedly took place on 12.9.1996, led to filing of a claim petition by respondent No.1 before the MACT, Rohtak.

2. The petitioner, being the owner of the delinquent vehicle, was impleaded as respondent No.1 in the said claim petition. The petitioner was proceeded exparte vide order dated 12.11.1998 and thereafter an exparte award was made on 2.2.2001. It appears that the Insurance Co. was arrayed as respondent No.3, however, the Tribunal absolved it from the compensation liability and the payment of entire compensation amount was fastened upon the petitioner. It was thereafter that the petitioner moved an application for setting aside the exparte proceedings against him. The learned Tribunal framed issue No.1 to the effect that, "whether there are sufficient grounds for sett