Order date: 29 .07.2024.
Today is fixed for hearing of the M. A. case Nos. 68/2023 & 69/2023 and W/O, if any.
M.A cases are taken up for hearing.
Ld. Advocate for the complainant is present and raised strong objection.
Ld. Advocate for the OP No.1 is present.
Heard.
On 31.05.2023 the Ld. Advocate for the complainant files evidence-on-affidavit ex parte and OP No.1 filed W/V along with two separate petitions supported by affidavit , one for taking off the case from the ex pate board and another for accepting the W/V.
Perused the case record.
From the same, it appears that OP No.1 appeared on 28.10.2022 by filing Vokalatnama and prayed for time to file W/V which was allowed and the next date was fixed on 08.12.2022 .
On 08.12.2022, the OP No.1 filed a time petition for filing W/V, which was considered and allowed, fixing 13.12.2022 for the same.
On 13.12.2022, OP No.1 files a time petition for filing W/V and the case was fixed on 27.02.2023 for the same.
On 27.02.2023 the statutory period for filing the W/V was over. So, the case proceeded ex parte against the OP No.1.
Under the above facts and circumstances, we find that there is no reason to allow the prayers of the OP No.1 by vacating the order for ex pate hearing passed OP No.1 and this Commission has no authority to sit on its own order.
Accordingly, the prayers of the OP No.1 is hereby rejected on contest but without any cost.
The W/V filed by the OP No.1 cannot be accepted.
Thus the M.A. Nos. 68/2023 and 69/2023 be and the same are rejected and thus disposed of.
Let a copy of this order be given to the parties on free of cost.
To 26.09.2024 for hearing of the case ex parte.