State Commission dismissed the appeal in default of appearance.  Neither the petitioner nor the counsel was present.  As the State Commission does not have the jurisdiction to recall/review its own orders, petitioner has filed the present revision petition seeking setting aside of the order dismissing the appeal in default of appearance.

        Subject to payment of Rs.25,000/- to the respondent by way of costs and Rs.10,000/- towards litigation expenses, limited notice was ordered to be issued to the respondent.  Notice sent to the respondent was received back with postal remarks “left without instructions”.

        Counsel for the petitioner states that petitioner has paid the sum of Rs.35,000/- (Rs.25,000/- towards costs and Rs.10,000/- towards litigation expenses) to the respondent.  Proof of payment was also filed.

        Fresh attempt was made to serve the respondent.  Process was given for dasti service as well.  Notice sent to the respondent has again been received back with postal remarks “left without instructions”.  Counsel for the petitioner states that the petitioner has not been able to effect dasti service as the respondent is avoiding service.

        At the time of dismissal of the appeal, respondent was not present.  As the respondent has already received the sum of Rs.35,000/- (Rs.25,000/- towards costs for restoring the appeal and Rs.10,000/- towards litigation expenses), he would be deemed to have been served.  Since the respondent was not present before the State Commission at the time of dismissal of the appeal in default, appeal can be revived even in the absence of the respondent.

        Limited notice issued to the respondent is made absolute, order of the State Commission is set aside and the case is remitted back to the State Commission to a fresh decision in accordance with law.

        Petitioner, through counsel, is directed to appear before the State Commission on 13.6.2013.

        Copy of this order be sent to the respondent to appear on the date fixed before the State Commission.   In case, the respondent does not appear before the State Commission on the date fixed, State Commission shall proceed with the appeal only after effecting service on the respondent.