C.R.No.3039 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.3039 of 2009. Decided on August 17, 2009. Lakhbir Singh .. Petitioner VERSUS Davinder Kaur and others. .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI PRESENT Ms.Indu Bahri, Advocate, for Mr.S.K.Mahajan, Advocate, for the petitioner. Mr.Pardeep Rajput, Advocate, for respondent No.1. M.M.S. BEDI, J. (ORAL) Vide impugned order dated 16.02.2009, the Motor Accident Claims Tribunal, has permitted the claimant-respondent to withdraw the claim petition with liberty to file a fresh petition on account of technical flaw. Counsel for the petitioner has contended that the said permission has been granted contrary to the provisions of Order 23 Rule 1 CPC. The respondent had not been able to point out any formal defect or any technical flaw. The claimant-respondent had led evidence and produced witnesses, but on 16.02.2009, instead of . . . 1 C.R.No.3039 of 2009 producing the witnesses of the claimant, counsel for the claimant made a statement for withdrawal of the claim petition with a request for permission to file fresh one. I have heard counsel for the petitioner as well as counsel for the respondents. Counsel for the respondents has submitted that on account of improper verification as required under Order Rule 14 CPC, and other technicalities which have though not been noted in the order, the respondent-claimant wanted to withdraw the petition and file a fresh one. Without expression of any opinion regarding the technical flaws, I do not deem appropriate to interfere in the order. However, I am of the opinion that the claim Tribunal, should have ordered the deposit of costs in case fresh claim petition is filed on the same cause of action. I do not find any ground to interfere in the order dated 16.02.2009, because it has been informed by counsel for the respondents that the fresh petition has been filed and the written statement has also been filed by the petitioner. In view of the above circumstances, this petition is disposed of having rendered infructuous. (M.M.S.BEDI) JUDGE August 17, 2009. rka . . . 2