Sunita Agarwal, J.

1. Heard Sri Ajay Bhanot, learned counsel for the petitioner and Sri Ram Ji Singh Patel holding brief of Sri Onkar Nath for respondent Nos. 1 to 3. No one appeared on behalf of respondent No. 4-insurance company.

2. The petitioner was owner of the vehicle which was involved in the accident out of which claim petition namely, MAC No. 131 of 2001 arose. She was arrayed as opposite party No. 1 in the aforesaid claim petition. The petitioner has contested the claim by filing a written statement. She has denied the incident and the claim instituted by the claimants. The insurance company also filed written statement countering the claim of the claimants. The award was passed by the Special Judge(NDPS Act/MACT Act), Etah on 21.5.2003 and the petitioner/opposite party No. 1 was held liable for payment of compensation.

3. An application under Order IX Rule 13 CPC read with application under Section 5 of the Limitation Act was filed by the petitioner to set aside the award dated 21.5.2003 on the ground that she was prevented by sufficient cause from appearing on the date fixed in the court and an ex-parte award was passed taking recourse to provision of Order XVII Ru