CMPMO 33 of 2009 9.1.2009 Present: Shri Ajay Chandel, Advocate, for the petitioner. Shri N.K. Thakur, Advocate, for the respondents. CMPMO No. 33 of 2009 The petitioner is aggrieved by the order passed by the learned Motor Accident Claims Tribunal on an application filed under Order 9 Rule 9 of the Code of Civil Procedure praying for restoration of the claim petition. The learned Tribunal holds that the application is barred by time. This order cannot be sustained and is contrary to the order passed by that Tribunal on 17th July, 2007 holding that there was no delay in filing the application under Order 9 Rule 9 of the Code of Civil Procedure. The order determines that an application under Section 5 of the Limitation Act as filed by the petitioner herein is not maintainable as the petition is within time. In view of this fact, this order cannot be sustained and the same is quashed and set aside. The case is remanded to the Court of Motor Accident Claims Tribunal who shall consider the application under Order 9 Rule 9 of the Code of Civil Procedure afresh in accordance with law without considering the bar of limitation. Parties to appear before the learned Tribunal on 15th January, 2009. Dasti copy on usual terms. January 9, 2009 (Dev Darshan Sud) (ms) Judge.