This is an order arising out of petition no. 278/2022, filed in Misc. Case No3/22, by the complainant. Today the Opp.party no.1,2 & 3 are present through learned counsel. Complainant is absent.       The case has been fixed on 12.12.22 for objection hearing on the said  petition   filed by the complainant    under section 5 of the limitation act for condonation of delay of 714 days  for  restoration of case No. 67/2009 , which was dismissed for default on 16.3.2020. We have perused  the petition of the complainant and objection filed by the opp. parties.

          It is stated in the said petition that due to bonafide mistake and inadvertently, the advocate for the complainant could not posted the next date in his diary and from 12.12.19  no steps could be taken and accordingly,  case was dismissed for default. That in the month of March , 2020 the agitation of CAA and first Covid pandemic, restrictions were imposed by the government  and complainant could not contact her counsel . It is stated in the petition that Hon’ble Apex Court was pleased  to pass an order to the effect that the period from  15.3.2020 till 28.2.2022  , shall  stand  exclude for the purpose of limitation. The petitioner submits that the petition for restoration of the complaint case ought to have been filed on or before 15.4.2020. But the petitioner came to know about the dismissal order on 8.2.2022.

                The opp.parties  have stated in their petition that the matter was fixed for filing further evidence on affidavit by the complainant, but complainant has not filed the same on 21.10.2018, 21.1.2019, 4.4.2019, 2.7.2019, 25.9.2019, 29.11.2019, 12.12.2019, 21.2.2020 and 16.3.2020. Inspite of giving last chance to the complainant  to file further evidence on affidavit with cost of Rs. 500/- (Rupees five hundred)only,  but the complainant have not field any further evidence. The op.party further stated in the petition that it came to light that petitioner came to know about dismissal only on 8.2.2022 whereas case was dismissed long back on 16.3.2020., This shows a clear negligence on the part of the complainant . Judgement of Hon’ble Supreme court could help only if  the petitioner was affected due to covid or due to lock down and accordingly , opp.party submits to reject the condonation petition for a dismissal order passed on 16.3.2020.

               We have gone through the dismissal order dtd. 16.3.2020.

               We are of the opinion that the said petition filed by the complainant  is of no merit.

               This case (Case No. 67/2009) was admitted  under the CPA,1986. This commission has no power  to review and therefore it cannot entertain application for setting aside its own order.

                Accordingly petition no. 278/2022 filed by the complainant for condoning the delay of 714 days in preferring the restoration petition in C.C.No. 67/2009 , is dismissed.

                Accordingly Misc case is disposed off.