Allahabad High Court
Prem Sagar Tiwari (Tripathi) vs Smt. Suman And Others on 14 July, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 262 of 2010 Petitioner :- Prem Sagar Tiwari (Tripathi) Respondent :- Smt. Suman And Others Petitioner Counsel :- V.C. Tripathi,K.N. Tripathi Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner. It is contended that while deciding issue with respect to the jurisdiction of the Tribunal as preliminary issue, the Tribunal held that since it involves mixed question of facts and laws therefore, the same shall be considered after evidence but by the same order, has wrongly and illegally closed the evidence of the petitioner, the owner of the vehicle.
Primafacie there appears to be force in the submission and the matter requires scrutiny.
Issue notice to respondents no. 1 to 5, who may file counter affidavit. Steps be taken by registered post within ten days. Office shall issue notices returnable within eight weeks. List for admission on the date fixed by the office in the notice. Till the next date of listing, further proceedings of Motor Accident Claims Petition No. 85 of 2006 pending before the Motor Accident Claims Tribunal, Basti shall remain stayed. Certified copy of this order be given to the learned counsel for the parties today on payment of usual charges. Order Date :- 14.7.2010 nd