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Judgment
- THE appellant, who was complainant before D.F.-I, filed a complaint on 10.8.1993. Notice was issued to the O.P.. THE O.P. failed to appear and was proceeded exparte. By order dated 23.3.1994, the case was fixed for exparte evidence and was adjourned from time to time until 6.3.1995. On that date the complainant failed to appear and the complaint was dismissed for default. Application for restoration was made on 29.3.1995 i.e., within 23 days of dismissal for default. THE D.F. dismissed the application on the ground that it had no power to restore the complaint which had been dismissed for default. Aggrieved by the order the complainant preferred this appeal. Even though notice in the appeal could not be served for want of correct address of the respondent, we do not deem it necessary to serve the respondent in appeal as the order of dismissal for default was passed without the O.P. having put in appearance. THEre can be no doubt that whatever may be the power of the D.F. regarding restoration of a complaint dismissed for default, this Commission in exercise of its appellate powers can in appropriate cases set aside the order of dismissal. Accordingly, we allow that appeal and set aside the order dated 6.3.1995 as well as 19.6.1995 and direct the D.F. to readmit the complaint against its original No. and proceed to dispose of the same in accordance with law. THE complainant through Counsel is directed to appear before the D.F.-I on 11.9.1995. THE appeal is disposed of in these terms. Copy of the order be sent to D.F. Appeal allowed.