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(d)Order XVIII, Rules 16, 17 and 19

(e)Further, Rule 41 of the Workmen's Compensation Rules enables the following provisions of First Schedule to the Code of Civil Procedure applicable to proceedings before the Commissioners, viz., those specified in Order V, Rules 9 to 13 and 15 to 30;

(f)Order IX and Order XIII, Rules 3 to 10;

(g)Order XVI, Rules 2 to 21;

(h)Order XVII and Order XXIII, Rules 1 and 2.

19.We aptly point out that in Praveen Industries v. Banawal Singh 1990 ACJ 980, the facts were that the Workmen's Compensation Commissioner had allowed the workman's claim to compensation and the employer filed an application under Order 9, Rule 13 of the Civil Procedure Code to get the order of that Authority set aside on the basis that it was passed ex-parte. However, the Authority rejected that application and the employer preferred an appeal before the High Court under Order 43, Rule 1 of the Civil Procedure Code. The issue before the High Court was whether the appeal was maintainable. The contention was raised that since Order 9, Rules 9 to 13 made applicable, the aforesaid application as well as the appeal both were maintainable. But the said contention was partly rejected and it was observed by the High Court as follows: