SHANTI ROADWAYS Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THESE connected revision petitions raise the same contention and are between the same parties. The grievance voiced in common by the common revision petitioner in all these petitions is that certain appeals filed by it before the State Commission of Uttar Pradesh at Lucknow were dismissed for default of appearance by the State Commission on 25th January, 1991, without the petitioner having been given intimation about the date of posting of these appeals. It is submitted by the petitioner that the failure on its part to appear before the State Commission on 25th January, 1991 was only because of the reason that it had no knowledge of the posting of the case to that date. Besides setting out the fact of non service of any intimation in the memorandum of revision petition, the petitioner has also sworn to an affidavit wherein it has been categorically averred that the petitioner had not received any intimation from the Registry of the State Commission that the appeals were posted to 25th January, 1991. No counter affidavit has been filed by the respondents-the New India Insurance Co. Ltd. & Ors. - not is there any appearance on their behalf before us, either in person or by authorised representative when these revision petitions were called today for hearing. In the circumstances, we see no reason why we should not accept as true the averment contained in the sworn affidavit of the petitioner that the petitioner had not been given any intimation about the posting of these appeals to 25th January, 1991 on which day the appeals were dismissed by the State Commission on the ground of default of appearance by the appellants. It may be that the State Commission did send intimation by registered post, but it is a common experience that very often articles sent by post do not reach addressee despite the addresser having taken the precaution of registering the postal article. In the circumstances, we accept as true the case put forward by the revision petitioner that he had no knowledge of the posting of the appeals to 25th January, 1991. It then follows that the dismissal of the appeals for default of appearance of the appellant on the said day was not just, legal or proper.

(2.) THE Orders dated the 25th January, 1991 passed by the State Commission dismissing the appeals preferred by the petitioner will all stand set aside and the appeals will stand restored to file and remanded to the State Commission for fresh disposal in accordance with law on the merits after affording full and fair opportunity to both the sides to present their case before it. No costs. Ordered accordingly.