AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 327 wordsSandeep Sharma, J
Being aggrieved and dissatisfied with order dated 24.2.2023 passed by learned Motor Accident Claims Tribunal-cum-District Judge Mandi in Claim Petition No. 26/2019, whereby evidence of the petitioner has been ordered to be closed, the petitioner has approached this Court in the instant proceedings filed under Art. 227 of the Constitution of India, praying therein to set aside the impugned order and grant one last opportunity to him to lead his evidence.
Having regard to the nature of order proposed to be passed in the instant proceedings, requirement of issuing notice to the respondents is dispensed with, as in that event, the respondents would be unnecessarily burdened to engage a counsel to defend themselves in the instant proceedings.
Though, having perused the reasoning assigned in the order impugned in the instant proceedings, this court sees no illegality or infirmity therein, but having taken note of the explanation rendered by the petitioner for not producing evidence, this court, without going into merits of the case, deems it fit to grant one last opportunity to the petitioner to produce his evidence on a date to be fixed by learned court below.
In view of above, present petition is allowed. Order dated 24. 2.2023 passed by learned Motor Accident Claims Tribunal-cum-District Judge Mandi in Claim Petition No. 26/2019 is set aside. Let the petitioner appear before learned court below on 15.5.2023, on which date, the learned court below shall issue summons to the petitioner’s witnesses, subject to payment of costs of Rs.10,000/- to be paid in equal shares to respondents Nos. 1 and 2. In case, the petitioner fails to pay Rs.10,000/- to the respondents, order dated 24.2.2023 shall automatically revive and no further opportunity shall be granted to the petitioner for the purpose. Learned court below to ensure that costs is deposited by petitioner before calling for his witnesses.
The petition stands disposed of in the afore terms alongwith all pending applications.