NEW INDIA ASSURANCE CO LTD. Vs. LALMANI

JUDGEMENT

(1.) EXEMPTIONS allowed, subject to all just exceptions. The application stands disposed of. 1. By way of present petition, the petitioner is assailing the order dated 24.07.2013, whereby his application under Order IX Rule 7 read with Section 151 CPC for setting aside the ex parte order dated 10.01.2013 was dismissed.

(2.) LEARNED counsel appearing on behalf of the petitioner submits that on 10.01.2013, proxy counsel appeared on behalf of the petitioner, however, the learned Tribunal did not allow him to appear and accordingly, passed the aforesaid ex parte order against the petitioner.

(3.) ON perusal of the impugned order dated 24.07.2013, I find that the order is vague as the observation made by the learned Tribunal are not very clear, especially when proxy counsel appeared on that day, i.e., 10.01.2013 before the learned Tribunal, in such an eventuality, the learned Tribunal ought to have granted one opportunity to the petitioner to contest its case on merits.