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2012 DIGILAW 2702 (MAD)

Babi @ Maheswari v. K. Subramanian

2012-06-28

G.RAJASURIA

body2012
Judgment :- 1. This civil revision petition is focused, seeking direction to the Principal Sub Court, (Motor Accidents Claims Tribunal) to number the petition in I.A. No. of 2010 (C.F.R.No.12418 of 2010) in I.A.No.853 of 2007 in MCOP No.251 of 2007. 2. A summation and summarisation of the germane facts in a few broad strokes, could be encapsulated thus: The petitioners filed MCOP claiming compensation as against three respondents; Owing to the fact that steps have not been taken in the MCOP, it was dismissed for default; whereupon I.A.No.853 of 2007 was filed to get the MCOP restored and it was presumably allowed, subject to payment of cost of Rs.250/- each, in favour of R2 and R3 alone. Even though cost memo was paid in time as narrated by the learned counsel for the petitioners, yet the acknowledgment was not filed in Court; whereupon the Court dismissed the I.A.No.853 of 2007 on 17.11.2009. In order to get the said I.A. restored, an unnumbered I.A. was filed, but it was returned with the following endorsements: "11.01.2010 – Conditional orders passed in this Court dated 02.11.2009, and dismissed on 17.11.2009. 15.03.2010 – Previous returns not complied with. Returned. Time one month. 17.06.2010 – How this petition is maintainable. Petition returned." 3. In fact, the I.A. which was returned would read thus: “Tamil” It would have been much better had the prayer was to modify the order dated 17.11.2009, on the ground that the cost was paid in time, but cost memo alone was not filed in time and that the order dated 02.11.2009 stood complied with. Accordingly, the prayer in the application be modified and re-presented within fifteen days from this date; whereupon, the Court could number that application and pass suitable orders if really the cost had been paid as stipulated in the earlier order dated 02.11.2009. Office is directed to return the original I.A. if available on file. Accordingly, this civil revision petition is disposed of. No costs.