THE HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P.No.1107 of 2011 ORDER: The petitioners herein are the claimants, who filed O.P.No.107 of 2009 on the file of the Motor Accidents Claims Tribunal-cum-Principal District Judge, Guntur. It is stated that the petitioners herein are the legal heirs of the deceased, who died in an accident. It is stated that the petitioners have filed certified copy of FIR and inquest report of the deceased, but the other records pertaining to Cr.No.92 of 2008 could not be secured and filed and, therefore, the petitioners filed I.A.No.2243 of 2010 to summon the Station House Officer, Santhamaguluru Police Station, Prakasam District, to cause production of crime record pertaining to Cr.No.92 of 2008, dated 17- 10-2008 under Sections 304-A IPC and to adduce evidence about the facts and investigation of the said case, and the said application was allowed. Even after receipt of summons, the said Station House Officer failed to appear. Therefore, the petitioners filed I.A.No.2785 of 2010 in I.A.No.2243 of 2010 in M.V.O.P.No.107 of 2009 to issue warrant of arrest and to impose fine upon the Station House Officer, Santhamaguluru Police Station, Prakasam Distirct, as he filed to attend and produce the documents in compliance with summons of the Tribunal. During the course of hearing of the said I.A., though the petitioners were present and sought for time, as the Advocates were on strike, the Tribunal dismissed the said application on 22-11-2010, by observing as follows:- “Petitioners present and sought for time, but refused, as sufficient time already granted. Hence, petition is dismissed. No costs.” Aggrieved thereby, the present Civil Revision Petition is filed. I am of the opinion that as the impugned order is only a default order without considering the merits of the case and the learned Judge ought to have passed the orders on merits, even though an adjournment was sought for, instead of dismissing the application without assigning any reasons. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order and the matter is remitted to the Tribunal with a direction to hear both the parties and pass appropriate orders in accordance with law. There shall be no order as to costs. __________ 16-09-2011 Note: Issue C.C. in one week (B/o) Prv