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Judgment
IN this appeal, a limitation petition has been filed for condoning the delay. According to the office report, limitation expired on 25.10.2002 whereas the appeal was filed on 17.12.2002. It is stated that the certified copy of the order impugned was made available to the appellant only on 14.11.2002 and the appeal was filed on 17.12.2002. Heard the parties and perused the petition. For the reason stated therein let the delay in filing the appeal be condoned.
THE appellant, National Insurance Co. Ltd. has challenged the order dated 25.9.2002 passed in Complaint Case No. 107/2001 on the file of District Forum, Dhanbad, whereby the appellant has been directed to pay a sum of Rs. 32,000/- besides Rs. 3,000/- by way of compensation due to physical and mental harassment to the complainant. Mr. Alok Lal appearing on behalf of the appellant has challenged the order on the ground that successive complaint petition filed suppressing the material fact from the Court is not maintainable and the order passed thereon cannot be allowed to sustain in law.
Admitted position in this case is that the complainant/respondent filed earlier complaint petition before the Court below which was ultimately dismissed on 12.4.2001 due to non-prosecution inspite of sufficient opportunities given to him. Again a complaint petition was filed on the same cause of action and that too, suppressing the fact that the earlier complaint petition was dismissed. In that view of the matter, the very initiation of the proceeding on the basis of the successive complaint petition is not maintainable and amounts to committing fraud in the Court. Accordingly, the order dated 25.9.2002 is set aside and consequently this appeal is allowed. Appeal allowed.