AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri B. Arjun Rao, learned counsel for the revision petitioners, Sri Kondadi Ajay Kumar, learned Standing Counsel appearing for respondent No.1, and Sri Sridhar Lonkala, learned counsel appearing for respondent Nos.3 and 4.
The present Civil Revision Petition is filed aggrieved by the impugned order dated 01.07.2019 passed in I.A.No.650 of 2019 in O.P.No.06 of 2018 on the file of the learned Motor Accidents Claims Tribunal-cum-Principal District Judge, Nizamabad (for short 'the Tribunal'). By the impugned order, the learned Tribunal allowed the application filed by the respondent No.1 herein under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, for impleading the proposed parties as respondent Nos.3 and 4 and directed their impleadment in the main petition.
Aggrieved by the said order, the present Civil Revision Petition has been filed.
The learned counsel for the revision petitioners contends that the learned Tribunal, without assigning any cogent or valid reasons, allowed the application filed under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure, 1908, though the proposed parties have no manner of connection with the subject matter of the proceedings. It is further contended that the learned Tribunal, without affording a proper opportunity of hearing to the revision petitioners, passed the impugned order, which is arbitrary, and illegal.
On the other hand, learned counsel appearing for the respondents on oral instructions fairly submitted that the claimants have already arrived at a settlement and the matter has been placed before the learned Lok Adalat. Therefore, the respondents have no subsisting claim against the revision petitioners.
Having considered the rival submissions and upon perusal of the material available on record, this Court is of the view that when the parties have already arrived at a settlement as contended by the learned counsel for respondents, no useful purpose would be served by impleading the proposed parties in the proceedings.
In the facts and circumstances of the case, this Court is of the considered view that the impugned order dated 01.07.2019 passed in I.A.No.650 of 2019 in O.P.No.06 of 2018 by the learned Motor Accidents Claims Tribunal-cum-Principal District Judge, Nizamabad, cannot be sustained and is liable to be set aside.
Accordingly, the Civil Revision Petition is allowed. The impugned order dated 01.07.2019 passed in I.A.No.650 of 2019 in O.P.No.06 of 2018 by the learned Motor Accidents Claims Tribunal-cum-Principal District Judge, Nizamabad, is hereby set aside. There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.