Hemant Gupta, J.

1. This order shall dispose of Civil Writ Petition Nos.18550 and 19529 of 2005, as common questions of law and facts arise in both the writ petitions. However, for the sake of convenience facts are taken from Civil Writ Petition no.18550 of 2005.

2. The challenge in the present writ petition is to the order dated 17.11.2005, whereby an application filed by the petitioner under Order 9, rule 13, Code of Civil procedure was dismissed.

3. On account of death of one Sher singh, while digging the well on the land owned by the petitioner, his legal representatives filed an application under the workmens Compensation Act, 1923 (forshort the Act) before the Commissioner. Learned Commissioner passed an order on 3.6.2002 awarding a sum of Rs.3,14,000 as the compensation. The said award was passed ex parte as none appeared for the petitioner in spite of the fact that the registered notices were sent to the petitioner.

4. Subsequently, the petitioner moved an application on 8.9.2004 for setting aside of the award of determining the amount of compensation. The said application has been dismissed. It has been found that a registered letter was sent to the petitioner and