HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1861/2025 Girish Nayak S/o Shri Sahukarsingh, Aged About 27 Years, R/o 238, Madanpura, Lahar Patti Lahar, Shamshabad, (Agra) U.P. ----Appellant Versus 1. Urmila Devi W/o Pappusingh, R/o Village Shivrampura Bapi, Thana Sainthal, District Dausa, Rajasthan 2. Pappusingh S/o Amarsingh, R/o Village Shivrampura Bapi, Thana Sainthal, District Dausa, Rajasthan 3. Jagdish S/o Ramsingh, R/o Village Santha, Thana Mahuwa, District Dausa, Rajasthan (Vehicle Driver Bus No. Rj 32 Pa 2161) 4. Saurav Kumar Mina S/o Raghuveer Prasad Mina, R/o Village Santha, Thana Mahuwa, District Dausa, Rajasthan (Vehicle Owner Bus No. Rj 32 Pa 2161) 5. Shriram General Insurance Company Limited, Through Branch Manager Branch Office E-8, E P I P Sitapura Riico Industrial Area, Jaipur, Rajasthan, (Vehicle Insurer Company Bus No. Rj 32 Pa 2161) ----Respondents For Appellant(s) : Mr. Mohd. Anees HON'BLE MR. JUSTICE GANESH RAM MEENA Order 15/07/2025 This civil misc. appeal has been preferred by the appellant with a challenge to the order dated 08.04.2025 passed by the learned Motor Accident Claims Tribunal, Dausa in MAC Misc. Application No.05/2025 filed by the appellant under Order 9 Rule 13 CPC. (2 of 2) [CMA-1861/2025] In case of Manish Kumar Mishra Vs. Badri Bai & Ors. (D.B. Civil Misc. Appeal No.3449/2013) decided on 12.05.2023, the Hon’ble Division Bench of this Court has held that against an order passed by the learned MACT refusing to set aside the ex-parte award, Order 43 Rule 1(d) CPC could not be invoked to exercise right of appeal in absence of there being any express provision in that regard provided under the Rules of 1990. In view of the verdict given in the case of Manish Kumar Mishra (supra), learned counsel for the appellant seeks to withdraw this appeal with liberty to file writ petition under Article 227 of the Constitution of India. Accordingly, this appeal is dismissed as withdrawn with liberty, as prayed for. Office is directed to return the certified copies of all the documents attached with this appeal to the learned counsel for the appellant after retaining the photostat copy of the same on record. Pending application, if any, also stands disposed of. (GANESH RAM MEENA),J Ashish Kumar /12