1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.8497/2007 {Babu Lal & Another Versus Girraj Gujar & Others} Date of Order :: 25th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Inder Raj Saini for the petitioners BY THE COURT: Heard learned counsel for the petitioners. 2. The petitioners filed an application for compensation under the provisions of Fatal Accidents Act, 1855. The counsel for the applicants-claimants was not present on 6th October, 2006. The counsel for the non- claimants was present. The trial court closed the evidence of applicants. The non applicants did not lead any evidence. The trial court after hearing the arguments, dismissed the suit for compensation filed on behalf of the claimants - petitioners. Thereafter an application for restoration of the suit was filed but the same was dismissed by the trial court vide order dated 31st August, 2007 on the ground that the claim was dismissed on merits, 2 therefore, restoration application is not maintainable. The said order is under challenge in this writ petition filed on behalf of the claimants-petitioners. 3. The learned counsel for the petitioners submits that one more opportunity may be granted to petitioners to lead evidence in the trial court by setting aside the impugned order, but he is unable to satisfy us as to how his application for restoration was maintainable before the trial court against the order dated 6th October, 2006, whereby his suit was dismissed on merits. The petitioners have an alternative remedy by way of an appeal under the provisions of Act. The present writ petition is, therefore, not maintainable and the same is, accordingly, dismissed with no order as to costs. (NARENDRA KUMAR JAIN),J. DK