Court No. - 9
Case :- CIVIL REVISION No. - 63 of 2018 Revisionist :- Mohammad Meraj Opposite Party :- Kamla Upadhyay And 4 Others Counsel for Revisionist :- Ajay Kumar Srivastava,Manoj Kumar
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the revisionist.
The instant revision is directed against the order dated 08.02.2018 passed by the Additional Sessions Judge,Court No.7, Varanasi in Case No.95 of 2016 ( Smt. Kamla Upadhyay and others Vs. Jumrati and others), whereby his application under Order 1 Rule 10 CPC has been rejected.
The facts of the case are that the revisionist is the owner of the vehicle involved in an accident. The case wherefrom the instant revision is arises is a Motor Accident Claim Petition.
The impleadment application was filed by the revisionist seeking impleadment of the agency wherefrom, he had purchased the vehicle involved in the accident. It was his case that the insurance policy was obtained through this agency and therefore, the agency is a necessary party.
The impleadment application has been rejected by the Court below on the ground that the only point for consideration in the claim petition is whether or not the vehicle in question is insured and any question beyond it is put outside the scope of the claim petition itself.
Upon hearing counsel for the revisionist and upon a perusal of the impugned order, I do not find any illegality in the reasoning given by the Court below.
The order impugned, whereby the application for impleading a third party in a Motor Accident Claim Petition at the instance of the motor vehicle owner does not suffer from any jurisdictional error, warranting interference.
The revision is therefore, dismissed.
Order Date :- 30.3.2018 RKM ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04 9885bf64ad5bbb33050e3dfe3e2109 27d94f413, SERIALNUMBER=004ee64f25f9f36f MISHRA 85dbdc71f5b0ec1e2f0938431e25dbb adc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-03-30 15:22:16