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Banshilal vs. Smt. Prem Kanwar & Ors.

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Code of Civil Procedure, 1908–Order 9, Rule 13–Prayer for setting aside the ex-parte decree–Declined by Tribunal–Affixation of notice–Neither the process server nor the witness upsarpanch of gram panchayat was examined–In the case where the insurer is absolved from the liability to pay the
compensation, it would be a travesty of justice if the ex-parte award is allowed–Impugned award is set aside subject to cost of Rs. 5,000/-.