HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34157 of 2025 Court No. - 5 HON'BLE KSHITIJ SHAILENDRA, J. 1. Heard Shri Rakesh Bahadur, learned counsel for the petitioner, Shri Abhinav Shukla, learned counsel for Insurance Company and Shri Vishwam Dwivedi, holding brief of Shri Tarun Jha, learned counsel appearing for the claimant-respondents. 2. Challenge in this petition is to an order dated 25.08.2025, whereby Motor Accident Claim Tribunal, Jalaun at Orai has rejected the application under Order IX Rule 13 C.P.C. filed by the petitioner, who is owner of offending vehicle on the ground that the application has not been filed within 30 days and date of knowledge of the order has not been indicated. 3. Learned counsel for the petitioner submits that detailed statements were made in the application under Order IX Rule 13 C.P.C. to the effect that there was no service of notice upon the owner and when telephonically he was informed about the recovery being undertaken by the Amin, he applied for certified copy through counsel on 12.08.2025 and obtained it on 14.08.2025 and then the application was filed. 4. In the opinion of the Court, the manner in which the application has been dealt with by the Tribunal does not appear to be appropriate. It was expected of the Tribunal to deal with specific contentions raised by the petitioner in the application, as regards service of notice through ordinary/registered post and all other aspects which were agitated, however rejection being quite cursory in nature, without expressing any Versus Counsel for Petitioner(s) : Ajay Chandragupta, Rakesh Bahadur, Vikas Srivastava Counsel for Respondent(s) : Abhinav Shukla, Tarun Jha Vishal Chaddha .....Petitioner(s) Seema Devi And 7 Others .....Respondent(s) further opinion on the issues involved in the litigation, the Court is inclined to set aside the order impugned and remit the matter for fresh consideration under Order IX Rule 13 C.P.C. 5. The petition is allowed. 6. The order dated 25.08.2025 passed by the Motor Accident Claim Tribunal, Jalaun at Orai in Motor Accident Claim Petition No. 91 of 2019 (Seema Devi and others vs. Vishal Chaddha and others) is set aside. 7. Application under Order IX Rule 13 C.P.C. stands revived and the same shall be considered and decided on merits after hearing all parties, within a period of two months from the date a certified copy of this order is filed before it. April 23, 2026 Sazia WRIC No. 34157 of 2025 2 (Kshitij Shailendra,J.) Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad