- (1.) Heard learned counsel for the appellant.
(2.) The instant appeal has been filed under Order 43 Rule 1(d) of the Code of Civil Procedure against an order dated 13.02.2014 passed by the Commissioner, Employees Compensation Act, 1923 / Assistant Labour Commissioner, Firozabad, having its camp at Agra, in W.C.A. No. 70 of 2010 by which the application of the appellant, under Order 9 Rule 13 C.P.C., for setting aside an ex parte order dated 14.02.2013 has been rejected.
(3.) It appears that against the order impugned, the appellant had earlier filed Writ C No. 20502 of 2014, which was dismissed on ground that against rejection of an application under Order 9 Rule 13 C.P.C. the petitioner has remedy of filing an appeal under Order 43 Rule 1 C.P.C.;