S.B. CIVIL MISC. APPEAL NO.507/2008 Ganesh Narain & Anr. Vs. Motor Accident Claims Tribunal, Bikaner & Ors. DATE OF ORDER : 26.5.2008 HON`BLE MR. MANAK MOHTA, J. Mr. B.L. Maheshwari, for the appellant. Mr. Shyam Singh Bhati, for the respondents. Heard learned counsel for the parties. This appeal has been pressed by the appellant- owner of vehicle against the impugned order dated 22.2.2001 passed by learned Tribunal on an application in Civil Misc. Application No.29/1995 filed by the non-petitioner (appellant) under Order 9 Rule 13 of C.P.C. to set aside judgment and award dated 16.2.1995 passed in MACT Case No.64/1991 but by the said impugned order the application was rejected and the order passed on such application is held not appellable under Section 173 of M.V. Act. The learned counsel for the respondent referred judgments of this Court passed in the case of Bharat Lal Vs. Smt. Sriom & Ors.(T.A.C. 2001(1) 571) and Vikram Singh Verma Vs. Smt. Kashmiri Devi & Ors. (WLC (Raj.) 2000(2) 30. The learned counsel for the appellant contended that Order 9 of C.P.C. as a whole has been made applicable to MACT cases, therefore, appeal against order passed on application under Order 9 Rule 13 C.P.C. may be entertained but this contention is not having force in light of the decisions referred above. The appeal against such order is provided under Order 43 Rule 1 C.P.C. and the said order has not been made applicable to MACT cases. Thus, the present appeal is found not maintainable and without going to the merits of the case, the appeal stands dismissed. No order as to costs. (MANAK MOHTA) J. Sanjay/-