KANHA Vs. RAMSWAROOP

JUDGEMENT

(1.) THE revision has been directed against the order dated 4. 8. 1987, passed by Workmen's Compensation (Commissioner), Kota, in Claim Pet. No. 1/82.

(2.) THE brief relevant facts of the case are that the non- petitioner, filed a claim-petition before the Commissioner, Workmen's Compensation. Notice was duly served on the petitioner who also filed written statement. THE case was fixed on 13. 6. 85 but none was present on behalf of the petitioner before the said Commissioner. Consequently, the Commissioner passed an order to proceed exparte. Ultimately,the claim was decreed exparte on 21. 12. 1985 when the petitioner failed to deposit the amount in pursuance of the order dated 21. 12. 1985. Notice was issued on 1. 4. 1986 to the petitioner. In reply to the said notice, the petitioner submitted an application on 17. 4. 1986 for setting aside the order dated 13. 6. 85 and also the exparte decree/order dated 21. 12. 1985. THE Commissioner, Workmen's Compensation rejected the application of the petitioner on the ground that the petitioner did not file any affidavit of his counsel before him and further that the authority reported in Rafiq and another Vs. Munshi Lal and another (1) was not applicable to the proceedings of the trial court but is applicable only to appeals. This order has been challenged before this Court in revision by the petitioner.