1. - The principal question that requires my consideration in the instant miscellaneous appeal is as to whether civil miscellaneous appeal u/0. 43, R. 1 CPC is maintainable against the order of Commissioner Workmen's Compensation, declined to set aside the er-parte award u/0. 9, R. 13 CPC.

2. Brief re'sume' of the facts is that ex-parte award came to be passed vide order dated 16.9.1996 by the Commissioner Workmen's Compensation, Bharatpur (in short `the Commissioner') against the appellant-Vikram Singh Verma (for short `the appellant'). The appellant moved an application u/O. 9, R. 13 CPC for setting aside the ex-parte award on the ground that no notice was served upon him and from the perusal of the record it came to the notice of the appellant that an endorsement was made by the postman on the envelope to the effect that the appellant refused to take the delivery of the registered envelope. It was averred in the application that the appellant was continuously ill with affect from 25.2.1996 to 11.5.1996 and was taking medical treatencrd in Agra, therefore during this period the question of service of any notice did not arise at all. The postman in village Patholi is the r