Present:-

          For the appellant      :          Sh. D.K.Singal, Advocate

          For the respondent  :  Ex-parte

JUSTICE GURDEV SINGH,  PRESIDENT :

          Heard.

2.      This appeal has been preferred by the appellant/opposite party against the order dated 05.05.2014, vide which it was proceeded against ex-parte on account of its non-appearance before the District Forum on the date fixed.

3.      The appellant is seeking setting aside of ex-parte order on the ground that after the notice was served the counsel was informed and according to that counsel when he went to the District Forum to put in his appearance on the date fixed, it was gathered by that counsel that it had been ordered to be proceeded against ex-parte and that the complaint stands adjourned to 13.05.2014 for ex-parte evidence of the respondent/complainant. According to the appellant its absence on 05.05.2014 was neither wilful nor intentional.

4.      We have certainly allowed this appeal on the ground so taken by the appellant , if that plea had been supported by some affidavits. There is no such affidavit filed along with the appeal on the basis of which it may be said that the said facts so stated in the ground of appeal are correct.  Even the perusal of the record of the District Forum shows that the counsel for the appellant/opposite party  had not put in his appearance on 05.05.2014, even after the adjournment of the complaint.

5.      We do not find any merit in the appeal and the same is hereby dismissed.

January 12, 2015