CW 11069/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.11069/2009 Kamlesh S/o Mohanlal Verma Versus Commnr Workmen Comp. Cases Bharatpur & others . Date of Order ::: 09/09/09 Hon'ble Mr. Justice Ajay Rastogi Mrs Sonia Shandilya, for petitioner Instant petition has been filed assailing order dt.11/09/08 (Ann.2) passed by Commissioner (Workmen Compensation) Jaipur district and so also order dt.01/09/09 (Ann.4) whereby application filed U/O 9 R.13 CPC has been rejected. Order. dt.11/09/08 (Ann.2) passed by Commissioner under Workmen Compensation Act, 1923 indisputably is appealable U/s 30 of the Act, 1923, which can be filed before High Court only if question of law emerges for consideration. In view of statutory remedy of appeal which petitioner has failed to avail of, this Court is not inclined to accede to discretionary jurisdiction U/Art.226 of the Constitution. Counsel further submits that since their application for setting aside ex parte order was rejected by Commissioner on 01/09/09 and period of limitation would commence from ex parte order passed by the Commissioner, filing of appeal at this stage would frustrate the purpose. It would CW 11069/09 //2// be open for the petitioner to file application U/s 5 of Limitation Act seeking condonation of delay, if advised while filing appeal U/s 30 of the Act, 1923. Consequently, writ petition is hereby dismissed with liberty as observed supra. (Ajay Rastogi), J. K.Khatri/p.2/ 11069CW09Spt09DsRmdy.doc