The petitioner being aggrieved by the order dated 20.11.2013 of the State Commission, Delhi, whereby, First Appeal preferred by the petitioner was dismissed for non-prosecution has filed this revision petition.

On perusal of the certified copy of the impugned order, it transpires that on the relevant date of hearing, no one was present when the appeal was called and the same was dismissed for non-prosecution since the respondent was not present on the relevant date of hearing, there is no need to serve the respondent with notice of the petition.

Petitioner has contended that his absence on the relevant date was unintentional.  He could not appear before the State Commission on hearing dated 20.11.2013 because he was down with fever.  It is also submitted that petitioner has a very good case in appeal and if the impugned order is not set aside, then the petitioner will suffer gross injustice.  We are satisfied with the explanation given by the petitioner for non-appearance before the State Commission on the date of hearing, i.e., 20.11.2013.

In view of the above, we set aside the order of the State Commission dismissing the appeal in default and remand the matter back to the State Commission with the directions to dispose of the appeal after giving due notice to the respondent.

Present revision petition stands disposed of accordingly.

Parties are directed to appear before the State Commission on 7.1.2015.