MADAN LAL Vs. SMT. DAKHI

JUDGEMENT

(1.) Appellant is aggrieved by order dtd. 15/5/2006 passed in Civil Misc. Case No.44/2004, whereby, an application filed under Order 9 Rule 13 CPC by the appellant for setting aside ex-party award dtd. 13/2/2003 passed in Claim Case No.237/1996 was dismissed.

(2.) The dismissal is on the ground that the appellant had not stated in his application dtd. 10/8/2004 filed under Order 9 Rule 13 CPC about date of knowledge of ex-party award therefore, the same was filed beyond period of limitation.

(3.) The record reveals that on 13/2/2003, an award was made by the Motor Accident Claims Tribunal in Claim Case No.237/1996 in favour of the claimant-respondent No.1. The appellant was said to be the driver of the offending vehicle. The summons sent against the appellant was reported served on refusal to accept notice.