LAWS(UPCDRC)-2010-2-4

JIVANDEEP MISSION Vs. ABHAY KUMAR SINGH

Decided On February 04, 2010
Jivandeep Mission Appellant
V/S
Abhay Kumar Singh Respondents

JUDGEMENT

(1.) HEARD Sri Yogendra Singh, learned counsel for the appellant and perused the record.

(2.) OBVIOUSLY , the appeal is miserably barred by time. The judgment dated 8.5.2008 subjected to challenge by way of this appeal was passed by the Forum below in complaint case No. 147/2006. The appellant contested the complaint by filing its written statement and also the counter affidavit in support of its version. The said version was considered by the Forum below and the complaint was allowed on merit.

(3.) THE appellant moved recall application on 29.7.2008 and it was rejected on 13.7.2009. There are two aspects of the matter insofar as the restoration of the complaint having been sought before the Forum below is concerned. One, as to whether there was a sufficient reason for recall of the original judgment and the other is as to whether the judgment passed in the original complaint was ex -parte. The appellant moved the recall application before the Forum below on the ground that the complainant had promised to withdraw the complaint but he committed breach of trust and continued the proceedings resulting with the ex -parte judgment. This averment cannot be said to be sustainable as the appellant did not enter into any compromise in writing with the complainant nor any such assurance or commitment made by the complainant was reduced in writing. So, mere statement regarding assurance of the complainant to withdraw his complaint without any consideration does not seem to be worthy of credit.