Ritu Raj Awasthi,J.

Heard learned Standing counsel for the appellant and perused the records.

2. This First Appeal From Order has been filed under Order 43 Rule 1 (d) of CPC challenging the order dated 15.1.1993, passed in Misc. Case No.28 of 1992, whereby the application moved on behalf of appellant for setting aside the ex-parte decree passed in Motor Accident Claim No.82 of 1986; Radhey Shyam & others Vs. Chandra Kumar Dixit and others has been rejected.

3. As per given facts, Radhey Shyam was going along with his wife, when reached near Village Agrauli, Police Station Mahmudabad a Jeep bearing registration no.USX/4862 belonging to the State Government being rashly and negligently driven by Chandra Kumar hit Smt. Urmila who died next day due to injuries sustained in the said accident. The claim petition was filed by her legal heirs wherein notices were issued to the respondents (including present appellant). The registered notice was also issued in the name of Block Development Officer (appellant no.1), however, none of the respondents preferred to contest hence claim petition was decided ex-parte. It was thereafter that the State of U.P. through Collector, Sitapur appli