13.1.09

Ld. Advocate for the Appellant is present. No one appears on behalf of the Respondent and Respondent is absent on repeated call. The condonation of delay matter is taken up for consideration. Heard Ld Lawyer for the Appellant . It appears that under some peculiar circumstances on two different dates Ld. Dist Forum passed dissenting judgement which according to us is not permissible under the law. So far as it relates to assigning the same to the 3^rd bench is also not tenable under the law .As regards the delay, the Non registration on the part of the other side comes under continues cause of action If that be the position we are of considered opinion that ends of justice would be  met if the condonation of delay matter is allowed and the appeal be sent back on remand for a fresh hearing of the  argument of complaint  case being the DF case no 129 of 2003 . We request the  Ld. Dist Forum to give opportunity to both sides to submit on the matter as per law and delivery judgement as expeditiously as possible. The impugned judgement is set aside  and the appeal is accordingly disposed of.