MANGLA JAT Vs. RAJU

JUDGEMENT

(1.) THIS civil misc. appeal has been filed against the order dated 30.7.1997 passed by the Addl. District Judge, Jaipur District, Jaipur in misc. application by which he had rejected the application under Order 9 Rule 13, C.P.C. filed in MACT Case No. 400/91.

(2.) THE respondents had filed a claim application against the appellants before the MACT, Jaipur which case was transferred to the Court of learned Addl. District Judge -cum -Judge MACT, vide order dated 25.10.1991. It is stated that summons were never served upon the appellants and that they had come to know of the order When his agricultural land was ordered to be auctioned on 5.6.1997 for the amount of the award and On making enquiries, it was found that an ex -parte award had been made on 27.3.1996. Certified copy of the same was obtained which was received on 12.6.1997 and on 16.6.1997, application Under Order 9 Rule 13 was filed supported with an affidavit but the same was dismissed vide impugned order on 30.7.1997. Being aggrieved against the said order, the present misc. appeal has been filed.

(3.) PER contra, the Counsel for the respondent states that no appeal lies against the order of declining the setting aside the ex -parte award and it is not applicable in MACT case even though the general principles of C.P.C. are applicable. An application has also been moved to the effect that in case it is held that the appeal as such is not maintainable, in such situation, the appeal itself be treated as writ petition.