KAMESHWAR PRASAD SINGH Vs. RAJENDRA UPADHYA

JUDGEMENT

(1.) THIS miscellaneous case is directed against the order dated 3rd September, 1993 passed by the

(2.) ND Additional District Judge (Claims Tribunal), Vaishali at Hajipur in Misc. Case No. 5 of 1993. 2. The aforesaid Misc. Case was filed in the Court of 2nd Additional District Judge. Vaishali in Claim Case No. 16 of 1984. This claim case was decided ex parte against the appellant before this Court. When the appellant filed application for setting aside the ex parte award passed in the claim case, a Misc. case was registered (Misc. Case No. 5 of 1993) and this Misc. case was dismissed on preliminary issue of law of limitation.

(3.) IT was submitted before me by the appellant 'slawyer that in the first place, he had never heard of a Misc. case (under Order IX, Rule 13, C.R.C.) being dismissed in limine and that in the claim case, no notice was served upon the appellant.