HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.Nos. 2203 and 4129 of 2009 Date: 24-02-2011 C.R.P.No. 2203 of 2009: Between: Bajaj Allianz General Insurance Company Limited ………. Petitioner and Paidi Rajareddy and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.Nos. 2203 and 4129 of 2009 COMMON ORDER: Since these two Revisions Petitions arose between the same parties and in respect of the same proceedings, they are taken up together for disposal. The petitioner, which is the insurance company, filed these two Revision Petitions by invoking Article 227 of the Constitution of India. C.R.P.No.2203 of 2009 is filed seeking to assail the correctness of the order, dated 22-04-2009 dismissing I.A.No.621 of 2009 in O.P.No.1145 of 2006 on the file of the Motor Accidents Claims Tribunal (District Judge) at Nizamabad, which was purportedly filed under Order 8 Rule 9 read with Section 151 of C.P.C. seeking permission to file additional counter. C.R.P.No.4129 of 2009 is filed assailing the order, dated 08-05-2009 dismissing I.A.No.1067 of 2009 in the said O.P., which was purportedly filed under Section 151 of C.P.C. to reopen the case. In a claim arising out of a motor accident, the petitioner sought to file additional counter with regard to certain aspects, and also sought to reopen the case, but the Court below did not find favour and dismissed the applications. Having heard the learned counsel and on perusal of the material available on record, it is seen that the plea, which is sought to be raised, is a question of law and therefore, the same can be permitted irrespective of whether the pleading is there or not. Be that as it may. It is always better to give a fair opportunity to the parties to raise all the pleas to which they are entitled. In view of the same, both the Civil Revision Petitions are allowed. The orders, dated 22-04-2009 in I.A.No.621 of 2009, and dated 08-05-2009 in I.A.No.1067 of 2009 are set aside. Consequently, I.A.Nos.621 of 2009 and 1067 of 2009 stands allowed. The Court below is directed to dispose of the O.P. on merits, in accordance with law, after giving notice and opportunity to both parties. No order as to costs. _______________ B. PRAKASH RAO, J Date: 24-02-2011 YCR