LODHA, J.—This revision has been preferred by Mangilal, Basant Kumar and Shantilal who are sons of Bhanwarlal (employer and opposite party No. 1 before the Workmens Compensation Commissioner. Udaipur Region, Udaipur) and is directed against the order dated May 5, 1977 passed by the Workmens Compensation Commissioner, Udaipur Region, Udaipur on an application dated November 3, 1976 under section 47 Civil Procedure Code.

2. A few frets deserve recall here. One Shri Chunnilal son of Shri Paras Ram resident of Nai, Tehsil Girawa. District Udaipur preferred two claims under the Workmens Compensation Act, 1923 (for short the Act) before the Workmens Compensation Commissioner, Udaipur Region, Udaipur, who will hereinafter be referred to as the Commissioner on the ground that on July 13, 1972 Smt. Ganeshi wife of Chunnilal (applicant No 1 before the Commissioner) and Kumari Narbada daughter of Chunnilal (applicant No 2 before the Commissioner) died because of the accident. He field two claims for compensation against Bhanwarlal (employer) and Ambalal son of Bharaji (Contractor-opposite party No.2 before the Commissioner) for payment of compensation of Rs 14,000/-i.e. Rs. 7,000/- on account of the death of Kumari Narbada and Rs 7.000/ on account of the death of Smt. Ganeshi. This claim was resisted by Shri Bhanwarlal (employer-opposite party No.l) who has died on January 17, 1975. There is no dispute regarding the date of his death. It was stated by Bhanwarlal that Smt. Ganeshi and Kumari Narbada were not his worken under the Act and that they were not in his employment. His case further was that the accident did not take place out of and in the course of their employment with him. Ambalal (contractoropposite party No 2) did not file any reply to contest the claim and an order to proceed ex-parte against him was passed in both the claims on March 9, 1973. The Commissioner consolidated the afore-saide two claims During the pendency of the proceedings ex-parte order was made against Bhanwarlal on October 15, 1974. He moved an application for getting this order set aside and on his application, ex-parte order was set aside on December 13, 1974. Bhanwarlal as stated above died on January 17,1975 and the fact of bis death was not brought to the notice of the Commissioner by any of the parties to the claim. The Commissioner, as Bhanwarlal did not appear, again proceeded ex-parte against him on February 26, 1975. After this the advocate for Bhanwarlal submitted an application on March 3, 1975 for setting aside the above order dated February 26, 1975. The Commissioner however, rejected the application on April 14, 1975. The Commissioner gave an ex parte award (Judgment) in the two consolidated claims of Chunnilal on June 3, 1975 against Bhanwarlal (employer-opposite party No 1) and Ambalal (contractor opposite party No 2) and awarded a sum of Rs. 14,000/ (Rs. 7000/-in each claim) to the applicant Chunnilal A notice dated October 4, 1976 was issued by the Tehsildar, Gogunda to the legal representatives of Bhanwarlal. The notices were issued to Mangilal, Roshanlal and Basantilal under the Rajasthan Public Demands Recovery Act, 1952 and the Rajasthan Land Revenue Act, 1956 requiring the aforesaid three persons to deposit the amount of Rs. 7039 50 Rs. 7,000/- compensation and Rs 39-50 proportionate amount of costs) in the office of the Tehsildar on or before November 4, 1976. It may be mentioned here that Bhanwarlal has Mangilal, Basant Kumar and Shantilal as his sons i.e. the petitioners before me The notices to Roshanlal and Basantilal were wrongly issued mentioning them as sons of Bhanwarlal. After the receipt of the above notices, the petitioners came to know for the first time regarding the award of Rs. 14 000/- made against their father Bhanwarlal on June 3, 1975. Thereupon they submitted an application under section 47, C. P. C to the Commissioner on November 3, 1976 It was, interalia, stated in that application that Bhanwarlal (employer-opp

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