[2026:RJ-JP:14865] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1741/2023 Mohar Singh S/o Shri Onkar Singh, Aged About 46 Years, Resident Of Bhankri , Tehsil Kotputali, Distt. Jaipur (Rajasthan). (Registered Vehicle Owner Car No. Rj-05-C-2109). ----Appellant/Non Claimant No.2 Versus 1 Smt. Anita Kanwar W/o Late Shri Bhanwar Singh, Aged About 40 Years, Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 2 Kumar Krishna Kanwar D/o Late Shri Bhanwar Singh, Aged About 16 Years, Minor And Through Natural Guardian Mother Smt. Anita Kanwar W/o Late Shri Bhanwar Singh. Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 3 Bhanu Pratap Singh S/o Late Shri Bhanwar Singh, Aged About 15 Years, Minor And Through Natural Guardian Mother Smt. Anita Kanwar W/o Late Shri Bhanwar Singh. Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 4 Sheetal Kanwar D/o Late Shri Bhanwar Singh, Aged About 12 Years, Minor And Through Natural Guardian Mother Smt. Anita Kanwar W/o Late Shri Bhanwar Singh. Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 5 Ankit Singh S/o Late Shri Bhanwar Singh, Aged About 10 Years, Minor And Through Natural Guardian Mother Smt. Anita Kanwar W/o Late Shri Bhanwar Singh. Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 6 Sawai Singh S/o Shri Kabool Singh, Aged About 58 Years, Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 7 Smt. Kamal Kanwar W/o Shri Sawai Singh, Aged About 56 Years, Resident Of Bawadi Kheda, Post Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa (Raj.). 8 Satish Kumar Meena S/o Shri Gangadhar Meena, Resident Of Village Sahiba Bad, Post Pada, Tehsil Rajgarh, Distt. Alwar(Raj.).(Vehicle Driver Car No. Rj-05-C-2109). [2026:RJ-JP:14865] (2 of 3) [CMA-1741/2023] 9 Vikram Singh Rajput S/o Shri Ramkishore Rajput, Resident Of Hingota, Via Biwai, Tehsil Baswa, Distt. Dausa(Raj.) (Vehicle Owner Car No. Rj-05-C-2109). 10 HDFC Ergo General Insurance Company Ltd., Through Regional Manager, Office Ashok Marg, C-Scheme, Jaipur (Raj.) (Insurance Company Vehicle Car No. Rj-05-C-2109, Period 25-01-2012 To 24-01-2013. ----Respondents/Non Claimants For Appellant(s) : Mr. Keshav Kumar Agarwal For Respondent(s) : Mr. Amit Agarwal on behalf of Mr. Virendra Agarwal HON'BLE MR. JUSTICE BIPIN GUPTA Judgment/Order 09/04/2026 1. The present misc. appeal has been filed assailing the order dated 24.04.2023, passed by learned Motor Accident Claims Tribunal No. 2, Jaipur Metropolitan-I, in application No. 40/2022, whereby the application filed by the applicant under Order 9 Rule 13 read with Section 151 CPC has been dismissed. 2. Learned counsel for the appellant submits that the Division Bench of this Court, vide order dated 12.05.2023 in a batch of appeals, has held that since no specific remedy is available to challenge an order passed by the learned Motor Accidents Claims Tribunal under Order 9 Rule 13 of the CPC, the appropriate remedy is to file a writ petition under Article 227 of the Constitution of India. 3. Learned counsel for the appellant further submits that, by the same order, the Hon’ble Division Bench of this Court directed that such appeals be converted into writ petitions under Article 227 of the Constitution of India. [2026:RJ-JP:14865] (3 of 3) [CMA-1741/2023] 4. Learned counsel for the respondent has no objection in view of the judgment dated 12.05.2023 passed in Civil Miscellaneous Appeal No. 3449/2013 along with other connected matters. 5. In view of the aforesaid order dated 12.05.2023, it is directed that the present appeal be registered as a petition under Article 227 of the Constitution of India and be listed before the appropriate Bench for consideration on merits. 6. It is also directed to the Registry that for all purposes, this appeal shall be deleted from the register of Civil Misc. Appeal. 7. With the above observations, the present Civil Misc. Appeal stands disposed of. 8. Pending application(s), if any, also stand disposed of. (BIPIN GUPTA),J MAHIMA/61