HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER DEFECTIVE No. - 555 of 2026 Court No. - 39 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the appellant. 2. The present appeal has been preferred against the award dated 3.3.2009, passed by the Motor Accident Claims Tribunal/Additional District Judge, Gorakhpur, Court No.4 in Claim Petition No. 566 of 2000 (Smt. Bhona Devi and others Vs. Vishambhar Nath and others) as well as order dated 18.8.2025, passed in Misc. Case No. 2072 of 2015, whereby the application under Order 9 Rule 13 CPC of the appellant has been rejected. 3. The said claim petition was allowed on 3.3.2009. An application under Order 9 Rule 13 CPC has been filed by the appellant/owner with a delay of 6141 days. Learned Tribunal has rejected the application under Order 9 Rule 13 CPC by order dated 18.8.2025 which is as follows: "Case called out. The applicant/opposite party no.4, Chandrapal is absent. Till date, he has not deposited 50% amount in compliance of order dated 30.4.2025. Hence, the application under Order 9 Rule 13 CPC is hereby dismissed. The recovery certificate has further been directed to be issued against the opposite party no.4/appellant." 4. In view thereof, there is neither any illegality nor irregularity in the impugned order. The present appeal is liable to be dismissed and it is dismissed, accordingly. April 22, 2026 sfa/ Versus Counsel for Appellant(s) : M. Asif, Shamim Uddin Khan Counsel for Respondent(s) : (Abdul Shahid,J.) Chandra Pal Singh .....Appellant(s) Smt. Bhona Devi And 9 Others .....Respondent(s) Digitally signed by :- SYED FAHEEM AHMAD High Court of Judicature at Allahabad