Neutral Citation No. - 2025:AHC-LKO:6344 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 425 of 2025 Petitioner :- Niyaj Khan Respondent :- Prakash Singh And Another Counsel for Petitioner :- Pawan Kumar Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed by the petitioner challenging the order dated 19.10.2024. 3. The facts in brief are that a motor accident claim was filed impleading the petitioner as the defendant No.2 without specifying as to how the petitioner was made a party. The said claim was decided by means of an ex-parte judgement dated 29.10.2018. The petitioner moved an application for recall of the ex-parte decision, which was allowed on payment of cost of Rs.1,000/- vide order dated 18.10.2019. The said order recorded that the cost should be paid by the next date, failing which, the order shall come to an end. The next date fixed for matter was 19.11.2019. However, the petitioner has not deposited the cost of Rs.1,000/- by the said date, which was subsequently deposited after two months on 20.12.2019. The petitioner moved an application for restoring the suit and deciding the same on merits. The said application was rejected by means of the impugned order solely on the ground that there were delay of two months in depositing the cost. The said order on the face of it appears to be an arbitrary exercise of power. 4. Considering the facts that the cost has already been paid by the petitioner, the order dated 19.10.2024 is quashed with a direction to restore the claim petition to its original file number and to decide the same in accordance with law afresh. 5. The petition stands allowed. Order Date :- 30.1.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench