Shri Praveen Salate has put in appearance on behalf of Caveator respondent and prays that this petition be disposed of today itself. Petitioner filed the appeal impugning the judgment of the District Forum in complaint No.180/2007 dated 28th July, 2006 on 28.7.2008. The appeal had been admitted. The State Commission has dismissed the appeal as barred by limitation. There was delay of three months and four days in filing the appeal. Normally speaking the appeal which had been admitted without objection to limitation, are not dismissed on the ground of delay. In such cases the delay is deemed to have been condoned. Otherwise also we feel that this is a fit case which was required to be decided on merits. Accordingly, the impugned order is set aside and the case is remitted back to the State Commission to decide it afresh on merits. Delay in filing the appeal before the State Commission is condoned. Since the respondent had been put to unnecessary litigation, we direct the petitioner to pay Rs.10,000/- as cost. Parties through counsel are directed to appear before the State Commission on 21.10.2011. Since it is an old case, we would request the State Commission to dispose it to of as expeditiously as possible and preferably within a period of four months from the date of appearance. The cost be tendered to the respondent/his counsel on the date of appearance before the State Commission. Revision petition stands disposed of in above terms. | 
