r^ IN THE HI6H COURT OF JUDICATURE AT BILASPUR. CHHATTIS&ARH :ysjia!;ja:;;i sSs^s&M c^, MISC. APPEAL N0. J^i QF 2007 APPELLANT/ ^fAIMANT 1. Madan Pradhan, S/o Lekra, Aged about 36 years, Cultivator, R/o Bhulumuda, PS Sariya, Tehsil Sarangarh, District Raigarh (C6). ftESPONOENTS .<%' Versus l^- Smt. Phool Bai Mehar, W/o Jayjay Ram Mehar OWNER 2. Kishore Mehar, S/o Jayjay Ram Mehar. bRIVER 3^-' Ashok Mehar, S/o Jayjay Ram ^ AAehar. Respondents No. 1 to 3 are R/o Village San'ya, Thana Sariya, Tahsil Sarangarh, Dist Raigarh. New India Insurance Company, Sattigudi Chowk, Branch Raigarh, bistrict Raigarh (CG). MEMO OF MISC. APPEAL UNDER SECTION'173 OF THE MOTOR VEHICLE ACT 1 XI-HC-78 ^i*ini sh*iicft 3ST •^ll^lld'4, «iTn*f'l$, fs|c1l<iy r.'i-fl- c-0) wc- /':;>1-' ^T 200? 311^1 4d* (liclId'i«t,<T) 3T(^Tqa'R-licti cWarraTsbHi'ft gT(ITWHf?(T3T1^T Z|t> 12.02.2007 Appellant-Madan Pradhan bt This Misc. Appeal is beinji admission withoyt notice to the res||>ondents The appeflarrt is aggrieved by the Second Additional District prayer for grant of an opportunityl was turned down and fte app)ics]tion under Order 17 Rule 3 C.P.C. The impugned order is per, natural justice and is liable to be before the M.A.C.T. in person on not recorded. There is nothing on the applicant for adjoumment was| mala fide apparent on the record, Judge ought to have granted op^ evidence. Since there is nothing deltbeiately failed to adduce the leamed lower Court grossl^ adjoumment and dismissing the ap^lication 17Rute3C.P.C. This appeal is allowed. Orct^r leamed Second Additional Judge, fresh notice to the non-applica(tte opportunity to the parties to accordance with law. evklehce »bi^f<'i41.<4iti<~<Tfffel-<3 <Ri+di<. ^STf^TSn^T r Shri H.S.Patet, Advocate. disposed of finally at the stage of |>ondents. fsy an order dated 26.10.2006 passed ?udge, Camp Sarangarh, whereby the to ackluce evklence by the applicant for compensation was dismissed i|e inegal, being contrary to principles 6f ^et aside. The applteant was present 5.10.2006 yet even his statement was ifecord to show that the prayer made by |not bona flde. In the absence of any |he leamed Second AddWonat Disfrict l^ortunity to the appticant to adduced |on record to show that the applteant or to keep his witnesses present, erred in rejecting his prayer for for compensafion under Order l^r dated 26.10.2006 is set askte. The Camp Court, Sarangarh shall issue and after giving a reasonaMe evidence, decide the claim in addluce PT.CT XI-HC-78 NI*1MI a>*<|ct» 3^T "i|i'i<id<<, o-rfl'M'16, Rini^y . ^- A.CC) ^s- /S^ -^ ^ 200^ 311^1 ^ach ('i^it^^) sn^r^irf^TR; (m3n^Tsb^i+ A~^'^ ?<<(TWHf?tT3n^T _ ^ - The applicant shall remainl Additional District Judge, Sarangai|h nottee shall be necessary. C.C. as per rules. •shi^fi-i'Ifl-f ^iti<'iTfftet^t<Ri<^i< ^Sil^q'sn^T present before the learned Second on 22nd February 2007. No ftirther Sd/- DUip Raosaheb Deshmukh Judge