PER JUSTICE J.M. MALIK

1.      Counsel for the petitioner present.  The appeal was dismissed in default by the State Commission vide its order dated 18.11.2013.  The said order runs as follows:-

“18.11.2013

FA-396/13

Present:   None

This appeal listed for hearing on admission.  Despite repeated calls neither appellant nor his counsel appeared.  Appeal dismissed in appellant’s default.

FDR, if any, deposited by the appellant be released in his favour after completing due formalities;

                                                                         Sd/-

                                               (Justice Barkat Ali Zaidi)

                                                                        President”

2.      Counsel for the petitioner admits that she could not appear whole of the day on 18.11.2013.  The case is not yet admitted, therefore, it can be decided in the absence of the respondent. 

3.      In the interest of justice, we restore the case before the State Commission and set aside the order passed by the State Commission subject to payment of costs of Rs. 5,000/-, which will be deposited with the Legal Aid of State Commission, till the next date of hearing. 

 4.      Petitioner is directed to appear before the State Commission on 27.03.2014.  The State Commission is directed to hear the petitioner after satisfaction that costs of Rs. 5,000/- stand deposited with the Legal Aid. 

5.      The Revision Petition stands disposed of.