This case record is taken up for consideration in the matter of passing order in respect of the MA application which is filed by the OP of CC-122/23 for setting aside the ex parte order dated.26.9.2023.  The Op of this MA case who is the complainant of above noted CC case has contested this MA case but no written objection has been filed.

The argument highlighted ld. advocates of the applicant and OP side has been heard in full.  Considered submission.

Perused the MA application.  Seen the order dated.26.9.2023 which is passed in CC case no.122/23 wherefrom it appears that as the OP of the CC case has not filed any w/v the order of ex parte hearing has been passed.

On the background of the above noted circumstances this District Commission after going through the material of this case record finds that in this MA case the Op who is the applicant of this MA case has filed written version alongwith prayer for condonation of delay in the matter of filing w/v. 

On close examination of the material of this case record it appears that the delay in the matter of filing w/v has been caused due to personal difficulties of the Ld. Senior Lawyer.  In respect of which the OP has no control.  So it is crystal clear that there is no fault on the part of the OP.  It is the settled principle of law that for the fault of the lawyer or law clerk a litigant public cannot suffer.  Moreso w/v has been filed by OP which indicates that the Op is intending contest CC-122/23.

In view of this position, for the purpose of proper and complete adjudication of this CC-122/2023 the District Commission is of the view that the prayer of the applicant of this MA case for setting aside the ex parte order dtd.26.9.2023 can be allowed on contest but at the same time there is necessity of compensating the monetary loss sustained by the complainant who is the OP of this MA case.

In the result, it is accordingly,

                                                            Ordered

That the MA case no.93/2023 which is arisen from CC-122/2023 be and the same is allowed on contest.  Let the order of ex parte hearing dated.26.9.2023 passed in CC-122/23 be set aside but at the cost of Rs.1000/- payable to the complainant who is the OP of this MA case.

In the light of the observation made above this MA case is disposed of.

Let the case record of MA case no.93/2023 be tagged with the case record of CC-122/2023.