LAXMI JAIN Vs. RAMKALI AND ORS.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is heard finally.

(2.) This appeal arising out of order dated 25-06-2015 passed by 1st Additional District Judge, Baloda Bazar, by which, in the matter of application for setting aside ex parte award, the appellant's application under Section 5 of the Limitation Act has been rejected and application under Order 9 Rule 13 CPC has also been rejected as barred by limitation.

(3.) Learned counsel for the appellant argued that the appellant moved an application under Order 9 Rule 13 CPC for setting aside ex parte award on the ground that he was never served with the notice in claim proceedings and it was only when later, he came to know, he filed an application for setting aside ex parte award. As the case of the appellant is that he was never served with the notice, the reason assigned for condonation of delay was sufficient. The Court below ought to have condoned the delay and allowed the appellant one opportunity to contest the application under Order 9 Rule 13 CPC on its own merits.