SHYAM SAXENA Vs. MANISH & ANR

JUDGEMENT

(1.) This case is listed for hearing on MCP No. 1738/04 which is an application for staying the execution of the impugned award. Considering the short question involved in this appeal and further considering the fact that this is an admitted appeal, heard finally.

(2.) This appeal has been filed under Order 43 Rule 1(d) of the Code of Civil Procedure against the order (Annexure-A/1) dated 24.02.2004 passed by II Additional District Judge, Sehore in MJC No. 21/03 rejecting the application under Order 9 Rule 12 read with Section 151 of the Code of Civil Procedure for setting aside ex-parte award passed in Claim Case No. 22/99.

(3.) Learned counsel for the appellant has submitted that against the same accident, several claim petitions have been filed and award has been passed ex-parte against the appellant. In one of such appeal being MA No. 1178/2004, ex-parte award passed by the Tribunal has been set-aside by the order dated 13.01.2005.