D.S.Sinha - (1.) HEARD Sri B. P. Singh, learned counsel representing the appellant-applicants and Sri P. R. Pal, learned counsel representing the claimant-respondent.
(2.) BY means of this application dated 16th April, 1991, under section 151 of the Code of Civil Procedure, 1908, hereinafter called the 'Code', the applicants pray for modification of the orders dated 7th January, 1992 and 14th February, 1992 passed by this court and grant of extension of time for making certain deposit directed by this court. In claim petition no. 111 of 1988, decided by the Motor Accident Claims Tribunal, Kanpur Dehat by means of its order and judgment dated 28th February, 1991, impugned in the Appeal, the appellant-applicants figured as opposite parties. The judgment and order dated 28th February, 1991 directs the appellant-applicants to pay to the claimant-respondent an amount of Rs 25,000/- along with interest at the rate of 10 percent per annum. The appellant-applicants have challenged the order of the Tribunal before this court by means of the First Appeal from Order No. 454 of 1991. The appeal, which was filed by the appellants through Sri. A. K. Sachan, Advocate, was admitted by this court on 17th May, 1991. While admitting the appeal, this court stayed the operation of the impugned judgment and order dated 28th February, 1991 provided the appellant-applicants deposited a sum of Rs. 20,000/- with the Motor Accident Claims Tribunal by 25th of July, 1991. The court also clarified that in case the amount was not deposited as stipulated by the order, the interim order would stand vacated automatically. This order was passed in presence of Sri P. R. Pal, Advocate, who had filed caveat on behalf of the claimant-respondent The claimant- respondent was granted three weeks' time for filing counter affidavit and the appellant-applicants were granted a week thereafter for filing rejoinder affidavit. The application for interim order was directed to be listed thereafter for further orders. Indisputably, the appellant-applicants did not comply with the condition imposed by the order dated 17th May, 1991 with regard to the deposit of Rs. 20,000/- by 25th of July, 1991. Thus the interim order dated 17th May, 1991 stood vacated automatically as stipulated by the order itself.
(3.) IT appears that on account of lapse of the interim order, the impugned award of the Motor Accident Claims Tribunal was put into execution and a citation dated 25th October, 1991 was issued to the appellant-applicants for realisation of the amount payable by them. This led the appellant- applicants to rush to this court and pray by means of the application dated 29th October. 1991 for stay of the operation of the citation dated 25th October, 1991, although the citation was not the subject matter of the appeal IT will be pertinent to notice that by this time the appellant- applicants had changed their counsel and had chosen to move this application by another counsel, namely, Sri K. K. Tripathi. IT is also relevant to notice that copy of this application was mot served on Sri P. R. Pal, who was continuing to represent the claimant-respondent. Instead, the copy of the application was sent to Sri Pal by registered post. Sri Pal states that he is not sure about the receipt of the aforesaid copy sent to him through registered post. The application dated 29th October, 1991 come up for consideration before the court on 2nd January, 1992 but it was dismissed for want of prosecution. However, on 7th January, 1992, the court recalled the order dated 2nd January, 1992 and, while recalling the order dated 2nd January, 1992, passed the following interim order : "Honourable B. Dikshit, J. The order dated 2-1-1992 is recalled. The sale of the property of petitioner in pursuance of the recovery proceedings shall remain stayed till 10th February, 1992 provided the appellant makes the deposit of amount demanded under citation within one month from today. In case of default this order shall stand vacated automatically. Sd/- B. Dikshit." Dt. 7-1-92 Under the above interim order dated 7th January, 1992 the sale of the property of the appellant-applicants in pursuance of the recovery proceedings was directed to remain stayed till 10th February, 1992 provided they made the deposit of the amount under demand within one month from the date of the order Thus the court had again put the condition that in case of default the above interim order would stand vacated automatically. Undeniably, the appellant-applicants again failed to comply with the condition of making the deposit in pursuance of the said order dated 7th January, 1992 within the time stipulated therein and the interim order again stood vacated automatically.;