ORDER

04.01.2024

SH. RAJESH, MEMBER

1. An application filed by applicant / complainant u/o 9 rule 9 read with section 151 CPC for setting aside the ex parte order dated 25.01.2023. It is stated by the applicant / complainant the previous counsel of the complainant didn’t appear before this Court in this matter neither intimate the complainant about the same. That the complainant came to know about the dismissal of the complaint filed by the complainant on account of non appearance of complainant or counsel of the complainant. That on the dismissal of the complaint the complainant took over the case file from the previous counsel and engaged the undersigned and handover the case file to the undersigned. The non-prosecution on part of the complainant was neither intentional nor deliberate on the part of the complainant.
2. We have heard Sh. Inderjeet Sisodiya Ld. Counsel for applicant / complainant and perused the record. 
3. That the Commission has no vested powers to restore the complaint dismissed for non appearance.  The powers are not included in section 38 (9) (a to f) CP Act, 2019. The power which is excluded cannot be assumed by the Commission. Therefore, we are of considered opinion that this Commission has no powers to restore the complaint dismissed for non appearance by invoking  order 9 rule 9 r/w section 151 of CPC.

 In view of above observations and discussions present application is dismissed.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.  Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in open Commission on  04.01.2024.

SANJAY KUMAR                             NIPUR  CHANDNA                                    RAJESH

PRESIDENT                                        MEMBER                                      MEMBER