CR No. 6301 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6301 of 2008 Decided on : 17-11-2008 Ajmer Kaur and others ....Petitioners VERSUS Motor Accident Claims Tribunal and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.S.Longia, Advocate for the petitioners. MAHESH GROVER, J The petitioner has impugned order dated 1.10.2008 by which his application for restoration of the execution application has been dismissed. The execution application of the petitioner was dismissed on 29.8.2008. The application for restoration was moved on 25.9.2008 which has now been dismissed by virtue of the impugned order. Learned counsel for the petitioner contended that there was plausible explanation furnished by the petitioner while seeking restoration of the execution application and the same has been declined for no apparent reason. It was pleaded that the petitioner had reached the Court although late. After hearing learned counsel for the petitioner, I am of the considered opinion that the revision petition can be disposed of at this stage without issuance of notice of motion to the other side, since it has been noticed in the impugned order itself that one of the judgment debtor had CR No. 6301 of 2008 2 already been proceeded against ex parte and the others had not been served till the time the petition was dismissed on 29.8.2008. Having considered the matter in its entirety, I am of the considered opinion that the present revision petition deserves to be accepted purely in the interest of justice. The petitioner had filed the application for restoration within time and simply because it was filed after three weeks should not have been a factor to be considered at the time of disposal of the application. The revision petition is therefore accepted and the impugned order is set aside and the matter is remitted back to the Executing Court to determine the execution application in accordance with law. However, it shall be subject to payment of Rs. 2,000/- as costs which shall be deposited with the State Legal Services Authority, Haryana. November 17 , 2008 (Mahesh Grover) rekha Judge