IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** 261 CR-1866-2019 (O&M) Date of Decision.:01.07.2025 Rahul Pe//oner Vs. Banarsi Dass Gupta and Another Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Yajat Gill, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Claim peon under Secon 166 of the Motor Vehicle Act filed by peoner Rahul was dismissed in default by learned MACT, Kaithal vide impugned order dated 19.11.2018 (Annexure P-1) under Order IX Rule 2 CPC as the peoner had failed to file the copy of the peon for serving the opposite party and had also failed to deposit the cost imposed on him. The applicaon for restoraon was moved. Though the counsel for respondent No.1 pleaded no objecon but sll the restoraon applicaon was dismissed by way of impugned order dated 29.11.2018 (Annexure P-2). 2. Both the aforesaid orders have now been assailed before this Court. 3. The pares should not be thrown out of the Court for the fault commi9ed on the part of counsel simply for the reason that he failed to file the copy of the peon to be served upon the opposite party. 4. Without discussing much, the present peon is accepted. NEETIKA TUTEJA 2025.07.02 09:43 I attest to the accuracy and integrity of this document CR-1866-2019 (O&M) 5. The impugned orders dated 19.11.2018 and 29.11.2018 (Annexure P-1 and P-2) are hereby set aside subject to cost of ₹10,000/- to be deposited in District Legal Services Authority, Kaithal. 6. Learned Tribunal concerned is hereby directed to restore the claim peon in queson to its original number and proceed further in accordance with law by affording opportunity to the peoner to file the copy of the peon for serving upon the opposite party. Disposed of. ( DEEPAK GUPTA ) JUDGE July 01, 2025 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2025.07.02 09:43 I attest to the accuracy and integrity of this document