Mayur Ambuwani vs Sumitra Sahu And Ors

This Revision Petition has been preferred by Non-Applicant No.2- Mayur Ambuwani (description as per the court below) under Section 115 of

Code of Civil Procedure, 1908 (for short 'the CPC') questioning the order dated 25.01.2020, whereby an application preferred by him under Order 1

Rule 10(2) of the CPC has been refused.

Shri Agrawal, learned Counsel for the Applicant submits that the vehicle in question i.e. “Motorcycle†bearing Registration No.CG 1 U 0060

was sold by him on 05.10.2018 to one Leeladhar Das Mahant and he alone is in possession over the said vehicle. It is contended further that since said

Leeladhar Das Mahant has already been impleaded as Non- Applicant No.3 and was in possession over the said vehicle, therefore, he may be deleted

from this claim Petition preferred by the Claimant Smt Sumitra Sahu on account of the accident occurred on 02.01.2019 at 7.30 pm when the vehicle

in question vehemently dashed her husband namely Laxman Sahu, who expired during the course of the treatment.

From perusal of the papers annexed with this Petition, it appears that on account of the alleged accident, an offence punishable under Section 304-

A IPC read with Sections 3/181 and 146/196 of the Motor Vehicles Act, 1988 has been registered against the driver of the said offending vehicle

namely Nandu @ Nikhil in connection with Crime No.283/2019. It appears further that upon investigation of the matter, the Certificate of Registration

of the vehicle in question was seized by the concerned Investigating Officer showing the name of the present Applicant as the registered owner of the

same. Besides, perusal of the entire application as made by the Applicant under Order 1 Rule 10(2) of the CPC would show that it has nowhere

stated that he was not the registered owner of the alleged offending vehicle or the said Leeladhar Das was the registered owner of the same. As such

and, considering further the seizure of said Registration Certificate Book showing the name of the present Applicant as a registered owner of the

vehicle in question, I do not find any infirmity in the observations made by the Tribunal rejecting the application filed by him under Order 1 Rule 10(2)

of the CPC, while keeping the said issue in abeyance for its decision at the time of trial.

Consequently, the instant Revision Petition, being devoid of merits, is dismissed at the admission stage itself. No order as to costs.