( 1 ) HEARD Mr. S. K. Shukla, the learned Counsel appearing for the petitioners and Mr. J. N. Verma, learned Standing Counsel representing Motor Accidents Claims Tribunal, Banda, the respondent no. 1. Nobody has appeared for the remaining respondents.

( 2 ) BEFORE the respondent No. 1 the petitioners filed a claim petition under Section 110-A of the motor Vehicles Act, 1939, (hereinafter referred to as the Act ). The petition was dismissed in default on 10. 4. 1976.

( 3 ) ON 8. 5. 1976, the petitioners moved an application for restoration of the claim petition under order 9, Rule 9 of the Code of Civil Procedure, 1908, (hereinafter referred to as the Code) read with Rule 21 of the U. P. Motor Accidents Claims Tribunal Rules, 1967. The application was dismissed in default of appearance on 16. 10. 1976.

( 4 ) THEREAFTER, on 11. 11. 1976, the petitioners filed an application under Order 9, Rule 9 and section 151 of the Code praying for the restoration of the application dated 8. 5. 1976.

( 5 ) THE respondents objected to the restoration of the restoration application dated 8. 5. 1976 and their objection was upheld. The Tribunal dismissed the application of the petition