Advocates:
['LALIT BELWAL', 'DEVESH GHILDIYAL', '', 'rajat mittal']

HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (M/S) No. 266 of 2014

National Insurance Company Limited

..…Petitioner

Versus

Jagdish and others

…Respondents

Advocate :

Mr. Lalit Belwal, Advocate for the petitioner

Mr. Devesh Ghildiyal, Advocate for respondent No. 1

Mr. Rajat Mittal, Advocate for respondent No. 3

Hon’ble Sharad Kumar Sharma, J.

The present writ petition arises out of a peculiar

situation and an order dated 26^th October 2013, whereby the Court of

Additional District Judge/Sessions Judge, Vikasnagar, Dehradun

while exercising his powers in MAC Case No. 167 of 2013, Jagdish

v. Ramnath, while deciding Issue No. 2 has held that the subsequent

Suit, instituted by the claimant-respondent No. 1 would be tenable,

would not be barred by Section 11 of the Code of Civil Procedure,

irrespective of the fact that in an earlier proceeding filed by way of

MACT No. 145 of 2007, Jagdish v. National Insurance Co. Ltd.,

which was arising out of the same accident dated 25^th May, 2007

and under the same circumstances and between the same set of

parties, which was dismissed for want of prosecution under Order 9

Rule