MADHAV SINGH Vs. SHRI CHAIN SINGH

JUDGEMENT

(1.) By the order under appeal, the learned Court below has rejected the appellant's application under Order IX, Rule 13, CPC read with Section 151, CPC. The order passed by the learned Courts below was not in consonance with law and is therefore sought to be Arguments heard.

(2.) This miscellaneous appeal has been filed under Order 43 Rule 1(d) of the Code of Civil Procedure against the order dated 27.2.2007 passed by District Judge, Raisen, in M.J.C. No.10/2005 whereby the application filed by the appellant for setting aside the ex parte award passed by learned Motor Accident Claims Tribunal, Raisen (M.P.) in M.C.C. No.22/03 has been dismissed.

(3.) Learned counsel for the appellant submitted that the application for setting aside ex-parte award has been challenged on the ground that notice of claim petition was not served on the appellant.