IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.511 of 2005 AZMAT ALI Versus SITARAM CHAUDHARY & ANR ----------- 7 4.8.2008 A supplementary affidavit has been filed on behalf of the appellant. Let it be kept on the record. Appellant Azmat Ali has filed this appeal under order 43 Rule 1(d) of the CPC for setting aside the order dated 9.9.2005 passed by Sri Ramanand Sharma, 6th Additional District Judge, Patna, in Misc.Case No.2/2005 whereby and whereunder he has dismissed the Misc.Case filed under Order 9 Rule 13 readwith Section 151 CPC as also under Section 244 of the Motor Vehicle Act for setting aside the Judgment and decree dated 6.11.2004, passed in Claim Case No.55/1999. In short, it has been submitted that the appellant happens to be the owner of Truck, bearing Registration No.BR-12-9818 which was alleged to have met an accident and thereby resulting in the death of the son of Respondent No.1 Sitaram Chaudhury, who had filed the aforesaid Claim case. The applicant- appellant is the owner of the Truck in question, who filed written statement before the court below, but he could not contest the matter because of some family trouble and intervening circumstances beyond his control and as such the order was passed directing the appellant to pay the compensation amount. Against that order passed in the aforesaid Claim case, the - 2 - applicant-appellant filed a petition under order 9 Rule 13 readwith Section 151 CPC as also under Section 244 of the Motor Vehicle Act, but this Misc.Case was also dismissed against which this instant appeal has been filed. Now, it has been submitted that the appellant Azmat Ali has also filed a separate appeal bearing MA No.442/2005 which has also been admitted for hearing before this Court and the same will not be in consonance with the hearing of the present appeal filed in the same matter. In the circumstances, the present appeal, if allowed, would lead to afford an opportunity to the appellant to contest the matter before the court below. But, now the appellant wants to raise all such pleas here for which a separate appeal bearing MA No.442/2005 has also been listed for hearing before this Court. In that view of the matter, practically, this Misc.Appeal has become infructuous. Accordingly, this appeal is dismissed having become infructuous. But the record of this appeal be kept for reference in MA No.442/2005. SKBOSE (Subash Chandra Jha)