JUDGMENT Attau Rahman Masoodi,J. A preliminary objection has been raised by Sri Satya Prakash Pandey that the writ petition filed under Article 226 of the Constitution of India is not maintainable against the award rendered by Motor Accident Claims Tribunal on 29.09.2003 as well as the order dated 12.08.2005 rejecting the petitioner's application filed under Order 9 Rule 13 CPC for setting aside the ex-parte award rendered by the Tribunal. Even challenge to the citation dated 14.01.2006 is consequential and unless the writ petition is maintainable against the main relief, the consequential relief cannot be granted under writ jurisdiction of this Court. 2. The preliminary objection raised by the opposite party has force and deserves to be sustained. It may be clarified that by virtue of Section 173 of Motor Vehicles Act, the award rendered by Motor Accident Claims Tribunal is appealable before this Court. Insofar as the order passed on the application filed under Order 9 Rule 13 CPC is concerned, the provisions of CPC are made applicable by virtue of Section 169 (1) of the Act read with Rule-221 of the Motor Vehicles Rules, 1998 as such Order 43 Rule 1 (d) r/w Section 108 of the Code of Civil Procedure become applicable. 3. That being the position of law, the F.A.F.O under Order 43 Rule 1(d) would independently be maintainable against an order passed under Order 9 Rule 13 by the Tribunal. A cause of action against an award rendered by the Tribunal and a cause of action against an order passed by the Motor Accident Claims Tribunal under Order 9 Rule 13 CPC are independent causes of action. 4. A First Appeal From Order against the award rendered by the Motor Accident Claims Tribunal is maintainable under Section 173 of the Motor Vehicles Act, 1988 whereas F.A.F.O against an order passed under Order 9 Rule 13 CPC is maintainable by virtue of Order 43 Rule 1 (d) r/w Section 108 CPC, therefore, challenging both the orders in the present writ petition under Article 226 of the Constitution of India may not be permissible. 5. Leaving it open to the petitioner to avail the remedy permissible under law, the present writ petition filed under Article 226 of the Constitution of India is hereby dismissed.