1. The trial court vide its order dated 15th December, 2001, dismissed the application moved by the appellant under Order 9 Rule 13 read with Section 151 CPC. Aggrieved by that order, the present appeal has been preferred. The appellant has also filed before this court, for the first time, an application under Section 5 of the Limitation Act for condoning the delay of 42 days in filing the application under Order 9 Rule 13 read with Section 151 CPC before the trial court.

2. The appellant in this case was proceeded against ex parte on 5th July, 1999. His counsel, Shri T.P.Singh, appeared before the court on 17th May, 1999, when the matter was adjourned for 5th July, 1999. Due to the inadvertent mistake on his part, he could not carry forward the case in his case diary from 17th May, 1999 to 5th July, 1999 and as such, nobody appeared before the court on the date fixed. It is only on 8th September, 1999, when the appellant made enquiries from his counsel, his counsel checked the record and came to know about the above-said ex parte proceedings. It also transpired that an ex parte award was passed on 24th July, 1999. The application for setting aside the ex part