- (1.) Heard Sri Ashish Jaiswal, learned Counsel holding brief of Sri Surendra Pal Singh, learned Counsel for the revisionist. Learned Standing Counsel Shri Adnan Ahmad and Ajay Shukla took due interest and Shri R.C. Sharma, learned Counsel also assisted the Court.
(2.) The present revision has been filed against an order passed by the Motor Accident Claims Tribunal on a misc. application. This Court has already held in the case of Virendra Yadav versus Ramesh and another rendered in Civil Revision No. 120 of 2016 that the jurisdiction of this Court under Article 227 of the Constitution of India can be invoked against the orders passed by the Motor Accident Claims Tribunal on misc. applications before deciding the claim petition finally.
(3.) The application on which the impugned order has been passed can be said to be an application filed under Order XVI Rule 6 of the Code of Civil Procedure, 1908. Order XVI Rule 6 C.P.C. by virtue of Rule 221 of the Uttar Pradesh Motor Vehicles Rules, 1998 is applicable in respect of the proceedings before the Motor Accident Claims Tribunal. For ready reference Order XVI Rule 6 C.P.C. is extracted below:- "6. Summons to produce document. - Any person may be summoned to produce a document, without being summoned to give evidence, and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.";