07-02-14 – The reasons for delay in disposal of this appeal can be seen from the order sheet.

            Heard the parties, on the point of limitation.  Mr. Jaiswal submitted that the impugned judgment is ex-party and therefore, from the date of knowledge, this appeal was filed within two weeks.

Heard. On being satisfied with the grounds, the delay in filing this appeal is condoned.

2.        Mr. Jaiswal submitted that the impugned ex-party judgment should be set aside on the following grounds. Firstly, the notice was issued on 18.04.2012 by the District Forum fixing 09.05.2012 i.e. without giving clear 30 days time. Secondly, it was sent through a private unreputed courier through which service was managed on refusal. Then the case was heard ex-party and the claim of the complainant was allowed in toto, only on the basis of the pleadings and without any evidence, which could not be done even if, the case was heard ex-party.

3.        Mr. H.K. Jha learned counsel for the respondents supported the impugned order and submitted that it has been rightly passed.

4.        We find force in the aforesaid submissions of Mr. Jaiswal, and we are satisfied that the impugned judgment is liable to be set aside. As noticed above, the notice was not proper, and it should have been sent through speed post or any reputed courier. On the basis of the claim petition, the claim should not have been allowed, without any supporting material, even if the case was to be heard ex-party.

5.        In the result, this appeal is allowed. The impugned judgment is set aside and the matter is remanded back to the District Forum for hearing the parties and pass fresh order in accordance with law. Parties will appear before District Forum at 11 a.m. on 03.03.2014, on which date the Forum will fix date (s) for hearing. It is expected that the case will be decided expeditiously and if possible, within four months from the date of such appearance of the parties. The parties will co-operate, in early disposal.

Issue free copy of this order to all concerned for information and needful.

Ranchi,    

Dated The 7^th February 2014