( 1 ) THIS appeal is directed against an order passed by the learned II Additional District Judge, jhansi, dismissing an application filed by the appellant for setting aside an award dated september 11, 1975, said to have been passed ex parte in Accidents Claim Miscellaneous Case no. 34 of 1974 filed by respondents Nos. 1 to 3. The court below has recorded a finding that the appellant had been duly served with the notices issued on the claim petition filed by the said respondents but he intentionally evaded service of the notices sent to him both by ordinary process as well as by registered post. It has observed that there was no justification for the absence of the appellant in the proceedings which led to the passing of the award in favour of the said respondents. The court below has, however, set aside the ex parte award on certain conditions in the purported exercise of his powers under Section 151, CPC, While allowing the application under Section 151, CPC, the court below has said that if the appellant does not comply with the conditions imposed by it, the application of the appellant shall stand automatically dismissed. It appears that the appellant failed to