ORIENTAL INSURANCE COMPANY Vs. NAGRU RAM

JUDGEMENT

(1.) APPEAL No. 406/2007 has been directed against the order dated 4.4.2007, whereby application under Order IX Rule 13 CPC, seeking setting aside ex parte order dated 15.5.2006, disposing of the Complaint No. 147/2005 on merits has been dismissed, as well as to set aside the said final order as well passed in the complaint, (i.e. of 15.5.2006).

(2.) ALONGWITH the appeal, application under Section 5 of the Limitation Act has been filed for condonation of delay in filing appeal against order to set aside the order dated 4.4.2007, and thereafter permitting the appellant to place on record the written statement and then after hearing the parties to dispose of the complaint on its merits.

(3.) ON a question of law we may clarify that when an order is passed either by the District Forum or by this Commission by a speaking and reasoned order, it ceases to have jurisdiction to entertain the application to review/recall the same. Power, if any, vests with the National Commission. Admittedly, ex parte order has been passed by the District Forum below, determining the complaint on its merits.