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1983 DIGILAW 10 (HP)

HIMACHAL ROAD TRANSPORT CORPORATION, WYNSTAY SIMLA v. GURDEV KAUR

1983-04-07

V.D.MISRA

body1983
JUDGMENT V. D. Misra. C. J.— The appellant has not deposited the amount in question. Mr khanna states that the amount was not deposited because directions were not given by this Court in terms of Order 41 (l)(3) of the Code of Civil procedure. 2. It appears to me that there is a misunderstanding about the ambit of sub-rule (3). This sub-rule finds a place in rule 1 which relates to the form of appeal and what is to accompany the memorandum of appeal. In other words the appellant is required to comply with the full provisions of rule 1 before (here can be said to be proper appeal before the appellate court sub rule(3) id my opinion, requires the appellant to deposit the money in question before or at least alongwith the filing of the appeal. It is only when the money has not been so deposited that permission can be had from the court to deposit the money within the time allowed by the court or to furnish the security as the court may think proper. I do expect the appellant, which is a public undertaking in this socialistic welfare State, to pay their dues promptly in the cases of motor accidents and not to delay payments under various pretexts it is stated by Mr. Khanna that if this is the ambit of sub-rule (3) then the very purpose of filing the appeal is frustrated, i am afraid, it is not so. Under sub- rule (2) of Order 45 the trial court itself can stay the execution oft e decree for Sufficient reason. In these circumstances I would expert the appellant that they would deposit the amount in question in the cases arising out of motor accidents before coming to this Court in appeal since the trial court can take care of the interests of the appellant in respect of the payment of the amount to the claimants. I hope that there will be no further misunderstanding by the appellant in future. 3. The appellant is directed to deposit the amount in question within one month from today. 4. The matter to be listed for admission on l1th May, 1983. 5. Mr. S S. Mittal accepts notice on behalf of the claimants-respondents. So notice be issued to driver- respondent. Mr. 3. The appellant is directed to deposit the amount in question within one month from today. 4. The matter to be listed for admission on l1th May, 1983. 5. Mr. S S. Mittal accepts notice on behalf of the claimants-respondents. So notice be issued to driver- respondent. Mr. Mittal states that the claimants have also filed appeals for enhancement of the compensation and since they arise out of the same accident, they may be heard together let those appeals be heard alongwith the present appeal. The numbers of the appeals is given by Mr. Mittal are FAOS Nos. 11, 15, 13, 17, 18, 14, and 20 of 1983. 6. Mr. khanna informs me that some other appeals arising out of the same accident should be heard alongwith the present appeals. Numbers of the appeals given by Mr. khanna are FAOS. 25, 27, and 2) of 1982. Let those appeals be also heard alongwith the present appeals. Order Accordingly.