AI Structured Summary
Not yet generated for this judgment
Judgment
WE do not see any merit in these applications for restoration of the appeals which were dismissed for default is per our order dated 6thAugust, 1992. Further we may also state that under Section 13(4) of the Consumer Protection Act the power under Order 41 Rule 19 of the Code of Civil Procedure, is not one of the powers incorporated in Clauses 1 to 6 of the said Sub-Section with the result that the Redressal Forum under the Consumer Protection Act have not been vested with the said power. The Counsel for the applicant argues that every Court or Forum which has the power to dismiss an appeal for default has also the inherent power to restore the case in the event of its being satisfied that the order of dismissal should be set aside. WE do not wish to finally pronounce open this question in this case but would only state that even if it is assumed that the legal position is as suggested by Counsel this is not a case where we consider it proper to exercise the said power. Dismissed. Petition dismissed.