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2014 DIGILAW 476 (MP)

Kamal Batham v. Vipul Devendra Jain

2014-04-28

SUJOY PAUL

body2014
Judgment: Impugning the order dated 18.02.2014, this petition under Article 227 of the is filed with a further prayer to permit the petitioner to lead evidence. 2. Petitioner filed an application under Section 166 of Motor Vehicles Act, 1988. In the said case, the Court below on 27.11.2013 permitted the petitioner to deposit requisite amount for the purpose of summoning the medical witness. Petitioner failed to deposit the said amount. Next date was fixed on 18.02.2014. Shri Ashok Rathore, learned counsel for the petitioner, submits that on this date the petitioner preferred application (Annexure P/3) which was erroneously disallowed by the Court below. It is prayed that a final opportunity be given to the petitioner. 3. Prayer is opposed by Shri N.S. Tomar, learned counsel for the respondent No.3/insurance company. 4. I have heard learned counsel for the parties and perused the record. 5. Technically speaking, there is no legal flaw in the order dated 18.02.2014 passed by the Court below. However, as per this order, it is clear that matter was earlier listed on 27.11.2013 and the petitioner was directed to deposit the amount aforesaid. Although petitioner failed to deposit the amount as per said order, yet he preferred application (Annexure P/3) and showed his readiness to deposit the entire amount. He prayed for a last opportunity. In the interest of justice, I deem it proper to grant a last opportunity to the petitioner for this purpose. 6. Accordingly, the order dated 18.02.2014 is set aside. The application (Annexure P/3) is allowed. The Court below, with the consent of parties, shall fix a final date for the purpose of recording evidence and summoning the medical witness. Needless to mention that petitioner on the next date of hearing shall deposit the entire amount aforesaid. If the said amount is deposited, the Court below shall fix a further date, as stated above. 7. With aforesaid directions, petition is disposed of.