( 1 ) WHETHER Motor Accidents Claims Tribunal constituted under Motor Vehicles Act, 1988 (for short the Act) with a view to decide an application under S. 166 of the Act has power to issue Commission to examine witnesses, as provided under O. 26, R. 4 of the Code of Civil Procedure, 1908 (for short the Code) or in other words whether the provisions of O. 26, R. 4 of the Code would apply to the proceedings before the Motor Accidents Claims Tribunal (for short the Tribunal) is short question that falls for determination in the present revision.

( 2 ) THE factual matrix is that an application before the Tribunal was filed by the applicant at the stage of evidence, to examine Dr. K. P. Srivastava, Head of Orthopedics Department, and Dr. Rabi Semarwal, Senior Orthopedics Surgeon, S. N. Medical College, Agra by issuing a Commission under O. 26, R. 4 of the Code. That application has been rejected under the impugned order against which present revision has been filed. Even though the revision was dismissed on 29-4-91 but before the order could be signed, prayer was made on behalf of applicant that revision may be heard again consequently parties were heard at considerable