VIJAYANDRA AGARWAL Vs. YOGENDRA KUMAR

JUDGEMENT

(1.) Originally this was filed as an appeal. However it was registered as a revision subject to all just exceptions. The complaint was filed by Yogendra Kumar Sharma against Vijendra Agarwal before the District Forum, Kota on 23.5.89. This complaint was decided on 2.11.89. The order passed by the District Forum against the opposite party petitioner was ex parte. An application for setting aside the ex parte order was filed by Vijendra Kumar supported by affidavit. The District Forum passed the order on this application on 9.1.90. Certain conditions were imposed for setting aside the ex parte order.

(2.) Aggrieved Vijendra Agarwal filed the appeal which was registered as a revision. After the receipt of the record we heard Mr. M. P. Saxena, Advocate for the petitioner and Mr. Yogendra Kumar Non-petitioner.

(3.) The order under revision is signed by one of the members of the District Forum, Kota. It is not necessary to make a detailed probe in the matter, for, we are of opinion that this revision should succeed on a short point namely that the order atleast should have been passed by two members of the District Forum. It was held by the State Commission in Rajasthan State Electricity Board V/s. Kanchan Singh Verma (Appeal No.16/89, decided on July 7, 1989) as under:-