- (1.) Heard Sri S.K. Mehrotra for the petitioner and Sri Jai Prakash Prasad for contesting respondents 1 to 3.
(2.) Having heard Learned Counsel for parties, I proceed to decide the matter at this stage under the Rules of Court.
(3.) It appears that respondents 1 to 3 filed a Motor Accident Claim Petition No. 55 of 2009. Petitioner failed to appear before the Tribunal on 6.9.2010 whereupon it directed to proceed ex parte against petitioner. Thereafter, the evidence of plaintiff started and one of the witness statement was recorded on 29.3.2011. Petitioner, at this stage, appeared before the Tribunal and moved an application requesting to recall ex parte order and accept written statement. Learned District Judge, Ghazia-bad by means of impugned order dated 13.4.2011 rejected the said application of the petitioner on the ground that the application is not maintainable in view of law laid down by this Court in Kailash Nath and others v. Rajeev Ratan,2004 56 ALR 499. and Apex Court in Arjun Singh v. Mahendra Kumar, 1964 AIR(SC) 993.;