1. This appeal has been preferred by Sarup Singh under S. 30 of the Workmens Compensation Act against the order of Shri Des Raj, Commissioner under the said Act, disallowing the claim of the present appellant. It appears that Sarup Singh appellant was employed by Shri Mukand Lal on 12-8-1954 at Rs. 4/- per day to cut wood and to repair canal embankment by wooden support (killas and other fences) between Burji No. 148-49 on Uper Bari Doab Canal.

In the course of this employment he climbed a shisham tree and fell down, as a result of which he received injury on his right arm of the elbow which was fractured. On 4-6-1955, he applied to the court of the Senior Subordinate Judge for payment of Rs. 3,500.00 as compensation. This application was, however, put in on a form meant for claims under the Payment of Wages Act of 1936. Notice of this application was issued by the Senior Subordinate Judge who acted as Commissioner under the Payment of Wages Act for 9-7-1955. On that date Sarup Singh realising that the petition had been erroneously filed on a printed form under the Payment of Wages Act, filed an application for amending his original petition stating that by oversight this m