Appeal against dismissal of CPPOR 9/13 application to set aside ex-parte award allowed. Impugned order quashed; application allowed; ex-parte award set aside; Tribunal directed to pass fresh award after hearing.
Impugned order set aside, application to set aside ex-parte award allowed, award set aside, Tribunal directed to pass fresh award after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1122/2007
Satpat Singh, S/o Shri Jaswant Singh, aged 43 years, B/c Hindu Sikh, R/o Sabzi Mandi, Kesarganj, Ajmer.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Hemant Tailor For Respondent No.1 : Digvijay Mantri
HON'BLE MRS. JUSTICE SABINA
Judgment
04/07/2018
Appellant has filed this appeal challenging the order dated 07.11.2006 passed by the Tribunal, whereby application moved by the appellant under Order 9 Rule 13 Code of Civil Procedure, 1908 for setting aside ex-parte award, was dismissed.
Learned counsel for respondent No. 1/claimant has submitted that he does not oppose the appeal and has further submitted that the Tribunal be directed to pass a fresh award after affording an opportunity of hearing to the appellant.
Accordingly, this appeal is allowed. Impugned order dated 07.11.2006 is set side and the application moved by the appellant under Order 9 Rule 13 Code of Civil Procedure, 1908 for setting aside ex-parte award dated 24.07.2003 is allowed. Consequently, award passed by the Tribunal dated 24.07.2003 is set aside.
(2 of 2) [CMA-1122/2007]
Tribunal is directed to pass a fresh award after affording an opportunity of hearing to the appellant. It is hoped that the Tribunal will dispose of the claim petition expeditiously.
(SABINA),J
Sudha/34
2 issues framed by the court
Whether to set aside the impugned order dismissing the application to set aside an ex-parte award and allow the application.
Whether to direct the Tribunal to pass a fresh award after affording an opportunity of hearing.
1 provisions across 1 enactments
Satpat Singh
Mr. Satyanarayan
Suresh Kumar
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
