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2009 DIGILAW 878 (RAJ)

Ram Gopal v. Mussmat Lohari Lali

2009-03-26

DALIP SINGH

body2009
Judgment Hon'ble SINGH, J.—Heard learned counsel for the parties. 2. This misc. appeal has been filed under Order 43 Rule 1 C.P.C. against the order dated 07.05.1996 passed by the learned Workmen Compensation Commissioner, Dholpur who by the impugned order has dismissed the application filed under Order IX Rule 13 C.P.C. for setting aside the award dated 24.01.1996. 3. The short question for consideration is whether the provisions of Order IX Rule 13 C.P.C. are applicable to the proceedings before the learned Workmen Compensation Commissioner under the Act of 1923 and the Rules framed thereunder. 4. Learned counsel for the appellant pointed out that under the Rules of 1924, Rule 41 specifically provides the applicability to the Order IX to the provisions of before the learned Commissioner. 5. The Rule 41 of the Rules of 1924 reads as follows:- “41. Certain provisions of Code of Civil Procedure, 1908, to apply.- Save as otherwise expressly provided in the Act or these Rules the following provisions of the First Schedule to the Code of Civil Procedure, 1908, namely those contained in Order V, Rules 9 to 13 and 15 to 30: Order IX; Order XIII, Rules 3 to 10; Order XVI, Rules 2 to 21; Order XVII; and Order XXIII, Rules 1 and 2, shall apply to proceedings before Commissioners, in so far as they may be applicable thereto.” 6. The aforesaid position with regard to the applicability of the provisions of Order IX C.P.C. to the proceedings before the learned Commissioner as provided under the Rule 41 is not disputed by the learned counsel for the respondents. 7. In the facts and circumstances, therefore, this appeal is allowed since the application filed by the appellant was dismissed holding that the provisions of Order IX C.P.C. are not applicable to the proceedings under the Act of 1923. The matter is remanded to the learned Commissioner for decision of the application submitted under Order IX Rule 13 C.P.C. by the appellant in accordance with law, preferably within a period of three months from the receipt of the certified copy of this order. 8. The parties are directed to appear before the learned Commissioner along with a copy of this order on 20.04.2009. The Registry is directed to remit the record of the case to the learned Commissioner forthwith so as to reach the learned Commissioner by 20.04.2009. 9. 8. The parties are directed to appear before the learned Commissioner along with a copy of this order on 20.04.2009. The Registry is directed to remit the record of the case to the learned Commissioner forthwith so as to reach the learned Commissioner by 20.04.2009. 9. Consequently, this appeal stands allowed to the aforesaid extent. 10. There shall be no order as to costs. The amount which has been deposited shall remain in deposit till the application is finally decided.