CMPMO No.154 of 2008 17.11.2008 Present: Mr.G.R.Palsra, Advocate, for the petitioner. Ms. Suvrata Nijhawan, Advocate, vice counsel for respondents No.1 to 3. Ms. Yogita Dutta, Advocate, for respondent NO.4. The instant petition has been preferred, under Article 227 of the Constitution of India, assailing the order dated 19th April, 2008 passed by the Commissioner, under workmen’s Compensation Act, Joginder Nagar, Distt. Mandi (H.P.) in Case No.8 of 2005 whereby he dismissed the application(s) moved one under section 13 of the Workmen’s Compensation Act, 1923 for impleading HPSEB as a party and another under section 151 of the Code of Civil Procedure, for adducing evidence in rebuttal, to the agreement deed put in his cross-examination by his co-respondent. The Commissioner rightly held that in the instant case, section 13 of the Compensation Act is not maintainable, for adding H.P.S.E.B. as a party because the workman got electrocuted prima-facie while in the employment of respondent No.2. It is misapplication to apply section 13 aforesaid in such circumstances. Therefore, there is no illegality committed by the learned Commissioner, in dismissing the said application. In so far as another application, under section 151 of the Code of Civil Procedure, is concerned, the petitioner herein has sought to rebut the agreement, which was put in his cross-examination. Though he denied its execution but the marginal witnesses of the agreement were also examined by respondent No.2 which were cross-examined by the petitioner (co- respondent). The inherent powers of Commissioner for the intended purpose cannot be exercised as the petitioner herein has admitted that the deceased was employed by him for the work of Sariya. Keeping in view the above facts and circumstances of the case, the instant petition is dismissed and the interim order dated 6.6.2008 passed in CMP No.445 of 2008 is hereby vacated. Records of the trial court be returned forthwith. The learned Commissioner shall not be swayed by any observation or reference made herein above, he shall decide the matter on its merits. November 17, 2008 (Surinder Singh),J. (D)