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Judgment
V.K. JAIN, PRESIDING MEMBER
I.A. No.10768/2019 (For condonation of delay)
The delay in filing the Revision Petition is condoned. I.A. stands disposed of.
R.P. No.1513/2019
This Revision Petition is filed against the order dated 15.02.2019 of the State Commission whereby an appeal filed by the petitioner came to be dismissed in default, no one having appeared for him before the State Commission on that date.
A perusal of the impugned order would show that there was persistent default on the part of the petitioner/complainant, no one having appeared for him on 09.08.2018, 18.09.2018, 01.02.2019.
It is stated in the Revision Petition that the petitioner was not well and therefor was unable to appear before the State Commission on the above referred dates. It is further stated that since there is no direct train from Coimbatore to Madurai, the petitioner has to take early morning bus for coming to Madurai.
It has transpired during the course of arguments that the Respondent No.2 has also preferred an appeal against the order of the District Forum which is pending before the State Commission.
Considering all the facts and including the age of the petitioner, the illness pleaded by the complainant and factum of pendency of a cross-appeal instituted by the Respondent No.2, I am of the view that one more opportunity should be given to the petitioner to appear before the State Commission and argue his appeal on merits. The impugned order, is therefore, set aside and the appeal preferred by the petitioner is restored to the file of the State Commission. The parties are directed to appear before the State Commission on 19.02.2020. On that date, the State Commission shall proceed with the said appeal in accordance with law. The State Commission shall also take up the appeal stated to have been filed by the Respondent No.2, alongwith the appeal filed by the petitioner.