BHERU LAL Vs. PANA AND ORS

JUDGEMENT

(1.) This petition has been filed against the order dated 16.04.2007, passed by the Additional District Judge (Fast Track), Tonk whereby the Additional District Judge has been pleased to dismiss the petitioner's application under Order 9 Rule 13 CPC seeking setting aside of the award dated 18.04.2007 passed by the Additional District Judge (Fast Track) No.2, Tonk in MACT Case No.1292/04 (814/03) and also dismiss the application under Section 5 of the Limitation Act which had been filed along with the application under Order 9 Rule 13 CPC.

(2.) I have heard the counsel for the petitioner and perused the writ petition.

(3.) The learned MACT, Tonk has taken into consideration the facts that the petitioner was duly served and a power of attorney has been filed on his behalf by an Advocate. Subsequent thereto the matter was adjourned on 9 occasions to facilitate filing a reply to the claim petition and thereafter on 31.03.2005 ex-parte proceedings were initiated against the petitioner. Even after the initiation of ex-parte proceedings dated 31.03.2005, the matter was adjourned on 20 occasions and the award came to be passed only on 18.04.2007. The petitioner admitted before the learned MACT, Tonk in the application under Order 9 Rule 13 CPC that he came to know about passing of the award on 16.01.2008 and yet the application under Order 9 Rule 13 CPC along with an application under Section 5 of the Limitation Act for condonation of delay was filed on 02.06.2008.