THAKUR SINGH Vs. SANTOSH AHIRWAR AND ORS.

JUDGEMENT

(1.) This appeal under Order 43 Rule 1 (c) of the Code of Civil Procedure, 1908 is directed against the order dtd. 20/12/2017 passed in Miscellaneous Judicial Case No. 8/2016, which was an application under Order 9 Rule 13 CPC.

(2.) The application under Order 9 Rule 13 CPC was filed by the appellant, an owner of the offending vehicle, against the ex-parte award dtd. 13/7/2016 passed in Motor Accident Claim Case No. 15/2015. As there was a delay in filing the application under Order 9 Rule 13 CPC, an application under sec. 5 of Limitation Act, 1963 for condonation of delay was filed on the ground that his counsel did not inform the date on which he was proceeded ex-parte.

(3.) The trial Court after recording evidence of the party found that the appellant has failed to establish the sufficient cause dismissed the application under Sec. 5 of the Limitation Act; consequently, dismissed the application under Order 9 Rule 13 CPC being barred by time. The trial Court found :