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A.M.NAIK
Sumitra Bai – Appellant
Versus
Shyamlal Sen – Respondent
1. This miscellaneous appeal has been preferred against the order dated 24.2.2005 passed by the Court of District Judge, Raisen in Miscellaneous Civil Appeal No. 14/2004 (Sumitra Bai v. Shyamlal and another) rejecting thereby an application of appellants under Order 9 Rule 13 CPC for setting aside ex parte award dated 2.12.2003 passed by MACT, Raisen in Claim Case No. 82/2002.
2. Case of the appellants is that a claim petition was submitted against the present appellants by the respondents under Motor Vehicle Act, 1988. This claim was decreed ex parte on 2.12.2003.
3. During the execution proceedings, the applicant came to know about the ex parte award during the proceedings of attachment pursuance' to the execution of the award. Appellants obtained certified copy of the ex parte award and thereafter within a month submitted an application for setting it aside.
4. Shri Ashok Chakrabarti, learned counsel contended that no notice of the claim case was served upon the appellants. Instead, the notice was served on Jaswant who happens to be the son of appellant No.2 and son of the daughter of appellant No. 1. Jaswant was a teacher at Raisen whereas the appellants were residing
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