Anup Kumar Das vs W.B.S.E.B.

-THIS revision petition has arisen out of the judgment passed by the District Forum, 24-Parganas (North), Barasat, on 14.6.2002. The brief facts of the revision petition in a nutshell are stated hereunder. The original case filed by the petitioner before the Forum was dismissed for default on 8.8.2001. Thereafter he filed a petition for restoration of the original case on 3.4.2002 and it was registered as a Misc. case by the Forum and this case was filed about 8 months after dismissal of the original case. The petitioner filed the application for condonation of delay on 30.5.2002 i.e., about 2 months after filing the Misc. case. In the restoration petition it was stated that the petitioner had been suffering from Rheumatic Arthritis and so he could not come to the Court on 8.8.2001 when the case was dismissed for default. The petitioner filed a medical certificate dated 3.3.2002 on 3.4.2002 to show that he was advised to take rest till recovery. According to the Forum there was explanation only upto 3.3.2002, but there was no explanation as to why the Misc. case was filed about a month after recovery. It was observed by the Forum that the petition is not supported by any affidavit and as the ground was not convincing, the Forum rejected the delay petition of the Misc. case. Dissatisfied with the above order the petitioner filed the revision petition before the Commission. He submits that the Misc. case be remanded back to the Forum for adjudication. The O.P-W.B.S.E.B. does not raise any objection against such contention of the petitioner.

WE are of the considered view that the explanation should be liberally construed and we should not take a pedantic attitude towards condonation of delay and under the circumstances the petitioner should be given a chance to have his case fought on merits. Hence we condone the delay and send the case back on remand to the Forum below for hearing of the restoration petition on merits subject to payment of cost of Rs. 250/- by the complainant to the O.P-W.B.S.E.B. The Forum is directed to dispose of the matter expeditiously, preferably within a period of three months from the date of reference. Therefore, the revision petition is allowed on contest subject to payment of the cost of the above mentioned amount. With such observation the revision petition is disposed of accordingly. R.P. disposed of.