Order No:  3                                                                            Date:26/07/2023

Today is fixed for hearing of the application filed by the petitioner/O.p. no.1 of CC/264/2020 under Section 40 of the C.P. Act, 2019 praying to review of the order no.17 dated 12/04/2023 restraining the O.ps. to file questionnaire. Ld. Advocates of the both sides are present and ready with their respective submissions. Heard both sides in details. The main contention of the petitioner/O.p. no.1 is that the recorded advocate was ill since 07/04/2023 and the concerned physician advised him for “seven days bed rest”. A copy of the prescription is annexed with the application. It is mentioned in this application that the Junior Advocate was late in attending this Commission with the questionnaire for which this restraining order was issued.

Now, Section 40 of the C.P. Act says:

“40 the District Commission shall have the power to review any of the order passed by it if there is an error apparent on the fact of the record, either of its own motion or on an application made by any of the parties within thirty days of such order”.

Accordingly, it is found that there is no error in the order under consideration which needs to be reviewed. Record discloses that O.ps. failed to file their questionnaire on 3 dates prior to this date i.e. 12/04/2023. Moreover, this Commission is not closed on that particular date just after the Ld. President and Members descended from their respective seats. So, if the Junior Advocate was ready with the questionnaire and if he reached this Commission within the office hours on that date he would be free to file the questionnaire and then the Commission would act accordingly. But that has not happened.

Hence considering all these aspects, we are of the view that there is no reason to review the concerned order and hence the application is liable to be rejected.

Hence, R.A. case No.7/2023 is dismissed being not admitted.

Dictated & corrected by me.

President