Sudhir Agarwal, J. - (1.) HEARD Sri Alok Kumar Yadav, learned Counsel for the Petitioner and perused the record.
(2.) THE Petitioner's application under Order IX Rule 13 Code of Civil Procedure has been rejected by means of impugned order dated 10.05.2011 passed by Additional District Judge, Court No. 3, Agra in Misc. Case No. 62 of 2010 arising out of Motor Accident Claim No. 466 of 2003 on the ground that it is admitted by Petitioner that he has received summons but for his own fault did not appear and, therefore, there was no reason to recall the award passed against ex parte. Learned Counsel for the Petitioner submits that even if Petitioner had not appeared, the court below was bound to rectify the award which has proceeded in wrong way and for this purpose placed reliance on Apex Court's decision in Hotel Balaji and Ors. v. State of Andhra Pradesh and Ors. : AIR 1993 SC 1048 (para 10) and State of Orissa and Anr. v. Mamata Mohanty : 2011 (3) SCC 436
(3.) IN my view the reliance placed by learned Counsel for the Petitioner is misconceived.;