IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.7866/2004 Bajranga (since deceased) through his legal representatives through Babulal Mali and Others Versus Commissioner Workmen Compensation, District Tonk and Others Date of Order ::: 15.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rahul Tewari, Advocate, for Shri R.K. Mathur, Counsel for petitioners Shri C.L. Saini, Counsel for respondents #### By the Court:- Heard learned counsel for the parties. The writ petition was listed before this Court on 14th March, 2008 and the following order was passed:- Learned counsel for the respondent has raised a preliminary objection about maintainability of the present writ petition on the ground that this writ petition is directed against the order dismissing the application filed by the petitioner before the Workmen Compensation Commissioner under Order 9 Rule 13 of the Code of Civil Procedure for setting-aside the ex- parte judgment and decree dated 14th June, 2002. He submits that the provisions of Order 9 Rule 13 of the CPC were not applicable before the Workmen Compensation Commissioner and the impugned order dated 14th June, 2002 could have been challenged by the petitioners only by way of an appeal under Section 30 of the Workmen's Compensation Act, 1923. Learned counsel for both the parties pray for time to show the law on the aforesaid objection of the respondents. Put up on 25th March, 2008, as prayed by both the parties.” The matter has again come for admission today. The learned counsel for the petitioner seeks permission to withdraw the writ petition with a liberty to the petitioner to file an appeal under Section 30 of the Workmen Compensation Act along-with an application under Section 5 of the Limitation Act in accordance with the law. The prayer is not opposed by the learned counsel for the respondents also. In view of the above, the writ petition is dismissed with liberty to the petitioner to file an appeal along-with an application under Section 5 of the Limitation Act, in accordance with the law. Costs is made easy. (Narendra Kumar Jain) J. //Jaiman// IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Stay Application No.6765/2004 In S.B. Civil Writ Petition No.7866/2004 Bajranga (since deceased) through his legal representatives through Babulal Mali and Others Versus Commissioner Workmen Compensation, District Tonk and Others Date of Order ::: 15.04.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Rahul Tewari, Advocate, for Shri R.K. Mathur, Counsel for petitioners Shri C.L. Saini, Counsel for respondents #### By the Court:- Consequent upon dismissal of the writ petition itself, the stay application, filed therewith, does not survive and the same is also dismissed. (Narendra Kumar Jain) J. //Jaiman//