Shethna, J. - (1.) The petitioner Ramesh Kumar Soni, owner of three wheeler vehicle having registration No. RRN 8517 has challenged in this writ petition the interim award (Annex.2) dated 19.9.1997 passed by Motor Accident Claims Tribunal, Bikaner Awarding Rs. 50,000/- in favour of the claimants on the principle of "no fault liability" on the death of deceased Deep Chand Ojha.
(2.) At page 5 of this writ petition, it has been averred that:- "The petitioner filed the Civil Revision before this High Court against the said order of the Tribunal. The same was recorded as S.B. Civil Revision No. 2881 of 1997, (defect). Ramesh Kumar Soni v. Ceeta Devi & Others, on 5.11.1997. The office pointed out the defect that without depositing Rs. 25,000/- this Revision Petition cannot be entertained. The matter was listed in the Court on 25.4.1998. The judgment of the full bench of this court was cited before the learned Single Judge referred in 1988(1) WLC at page 1, R.S.R.T.C. v. Gopal Singh and Others. The full bench judgment says that the writ petition U/s 226 lies in such matter and consequently the learned single Judge committee asked the petitioner to withdraw the Civil Revision and to file the Writ Petition, hence the petitioner is filing this writ petition on the following among the other grounds against the order of the Tribunal, dated 19.9.1997."
(3.) In view of the above averments made in this writ petition the original file of S.B. Civil Revision Petition No. 2881/97 (def.) was called for. There is an application dated 25.4.1998 made in the aforesaid revision petition which is re-produced as under :- "In the High Court of Judicature for Rajasthan, at Jodhpur. S.B. Civil Revision Petition No. 2881/ 97 (defect) Ramesh Kumar v. Smt. Geetadevi and Others. Application u/s. 151 C.P.C. to order to treat this revision petition as a writ petition. May it please Your lordships, The counsel for the petitioner respectfully begs to submit as under (1) That as per the full bench decision of this Hon'ble Court referred in 98 W.L.C. (1), this revision petition is not maintainable and a writ is maintainable. (2) That the petitioner respectfully begs to submit that the revision petition may kindly be ordered to be treated as a writ petition and the same may be decided on merits. It is therefore, respectfully prayed that the application may be allowed and the revision may be ordered to be treated as writ petition. Counsel for the petitioner. Dt. 25.4.98." Hon'ble Justice Bhagwati Prasad passed the following order, which is reproduced as under :- "25.4.98. Hon'ble Mr. Bhagwati Prasad, J. Mr. A.K. Singh, for the petitioner. Learned counsel has filed an application praying that the present revision petition be treated as writ petition. However, he is permitted to withdraw the revision petition with liberty to file writ petition. The revision petition is dismissed as withdrawn.";