KEHAR SINGH Vs. DURJAN SINGH GOND

JUDGEMENT

(1.) Challenging an interlocutory order passed by the Commissioner for Workmen Compensation, directing the petitioner to deposit 50% of the compensation awarded for considering an application submitted for setting aside an ex-parte award, petitioner has approached this Court.

(2.) Records indicate that due to certain injuries sustained respondent filed an application before the Commissioner for Workmen Compensation-cum-Labour Court, Narsinghpur and an ex-parte award has been passed. Seeking setting aside of the ex-parte award, an application under Order IX Rule 13 of the Code of Civil Procedure has been filed and in the said application the Commissioner, Workmen Compensation-cum-Labour Court has passed an order directing the petitioner to deposit 50% of the amount awarded as a pre-condition for hearing of the application.

(3.) Interalia contending that under Order IX Rule 13 CPC, a Court is not empowered to direct for any deposit before deciding the application on merits and pointing out that such a direction can be given only after final order is passed on the application under Order IX Rule 13, this writ petition is filed challenging the impugned action.