Petitioner, which was the opposite party before the State Commission, has filed the present revision petition.

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       Complainant/respondent’s husband was admitted in the petitioner’s hospital to remove gallstones.  Operation was conducted on 30.03.2007.  Inspite of the operation, the condition of her husband deteriorated.  He was shifted to Mahavir Hospital where he expired.  Alleging that the complainant’s husband had died due to the negligence of the petitioner, legal notices were served and, thereafter, the complaint was filed before the District Forum seeking a compensation of Rs.1 Crore along with expenses incurred in filing the complaint, i.e. Rs.4,000/- along with interest on the compensation.

       On being served, petitioner took the objection that since the claim made was of Rs.1 Crore, the State Commission did not have the jurisdiction to hear the complaint. 

       Complainant/respondent moved an application before the State Commission to reduce the compensation claim from Rs.1 Crore to Rs.99,95,000/- which was resisted by the petitioner. 

       State Commission allowed the application for amendment and adjourned the case to 29.3.2010. 

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       Petitioner being aggrieved has filed the present revision petition against the said order of the State Commission.

       According to the learned counsel for the petitioner, since the State Commission did not have the pecuniary jurisdiction to entertain the complaint, any application arising in the said complaint could also not be entertained by the State Commission because of lack of jurisdiction.  Counsel for the respondent fairly concedes that the objection taken by petitioner is technically speaking correct.  He prays that the respondent/complainant be permitted to withdraw the complaint with liberty to file a fresh complaint in accordance with law.

       After hearing counsel for the parties, we permit the respondent to withdraw the complaint.  The complaint is dismissed as withdrawn, with liberty to file a fresh complaint within a period of six weeks from today.

       In case, respondent files a fresh complaint within six weeks, the period spent from the date of filing of the complaint till six weeks from today be excluded for the purpose of counting of limitation.

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       Petitioner would be at liberty to raise the objection regarding limitation if the original complaint filed was also beyond the period of limitation.

       All contentions are left OPEN.

            Revision petition stands disposed of.