AI Structured Summary
Not yet generated for this judgment
Judgment
THE appellant, the original complainant being dissatisfied by the second order of the District Forum, Bharuch dated 9.11.91 in Complaint No. 171 of 91 files this Revision Application.
THE complainant''s telephone connection appears to have been dis-connected without serving any notice as alleged in the memo copy and on approaching the learned Judge of the District Forum an order was passed by the learned Judge on 7.11.91 to re-connect the telephone of the complainant within 24 hours. It appears that thereafter the Telephone Department appeared before the learned Judge and submitted that the Department wanted to file an appeal with the State Commission and, therefore, the order passed by the learned Judge be stayed. The learned Judge has stayed his order dated 7.11.91 till 15.11.1991 to enable the department to file an appeal.
Being aggrieved by the said order the complainant has filed this appeal and prayed that the learned Judge has committed an error by suspending his order without hearing the complainant and thereby has not followed the rules of natural justice.
THE learned advocate Mr. Patel further submitted that an interim order can be passed ex- parte but there is no provision under the Code of Civil Procedure to stay an ex-parte order, without hearing the other party. In other words, there cannot be two ex-parte stays. We have, therefore, directed the office to issue notice and fixed the hearing of interim stay today. The show-cause notice appears to have been received by the Telecom District Engineer, Division Bharuch on November 12, 1991 but nobody appeared today.
SINCE the time granted by the learned Judge suspending his order has expired and no appeal has been filed before us, no cause of action survives for this appeal and on the expiry of time the original order dated 7.11.1991 comes into full operation. We therefore, do not propose to enter into the merits of the second order passed by the learned Judge. We also direct the learned Judge to dispose the main complaint as early as possible. ORDER The revision application being infructuous, is being disposed of accordingly. With no order as to costs. Revision application disposed of accordingly.