KHAZAN CHAND Vs. NEW INDIA INSURANCE COMPANY

JUDGEMENT

(1.) Challenge in the present appeal has been directed against order dated 26.10.2012 passed by the Motor Accidents Claims Tribunal, Fast Track Court, Jalandhar (in short "the Tribunal") whereby application for setting aside ex parte award dated 16.4.2009 filed by Khazan Chand (respondent No. 2 therein) by invoking Order 9 Rule 13 of the Code of Civil Procedure (in short "the Code"), was dismissed.

(2.) Counsel for the insurance company, while refuting contention of the appellant would argue that as the appellant is residing in Hoshiarpur and claim proceedings were pending in the Court at Jalandhar, since Hoshiarpur and Jalandhar fall in the same state i.e. State of Punjab, the appellant cannot derive any advantage to his contention from the provisions of Order 5 Rule 9 (4) nor can seek aid of what has been held by the Himachal Pradesh High Court in M/s Aar Kay Traders's case (supra).

(3.) Counsel for the appellant has made a legal submission by referring to the provisions of Order 5 Rule 9 of the Code particularly sub rules (3) and (4) thereof. He has placed reliance upon judgment of the Himachal Pradesh High Court in M/s Aar Kay Traders's case (supra) wherein sub rule (4) of Rule 9 of Order 5 of the Code has been interpreted. A relevant extract from sub rule (4) of Rule 9 of Order 5, reads thus:-