VINAY MOTOR COMPANY Vs. GARIB SINGH NARANG

JUDGEMENT

(1.) THIS is a Revision Petition against the order dated 28.10.1992 passed by the State Commission, Haryana at Chandigarh in Appeal No. 291/92 which had been preferred by the present Petitioner who had been arrayed as Opposite Party in the complaint filed by the present Respondent. The District Forum has allowed the complaint.

(2.) THE appeal was fixed for hearing by the State Commission on 6th October, 1992. However, that date was declared a holiday in connection with Dussehra. The appeal was taken up by the Commission on 7th October, 1992 on which date nobody appeared on behalf of the then appellant. After couple of adjournments, the appeal was dismissed in default on 28th October, 1992. The impugned order reads as follows :

(3.) THE learned Counsel for the petitioner argued that in the present case principle of natural justice has been violated by the State Commission while dismissing the appeal in default inasmuch as no notice for any of the dates to which the appeal stood adjourned after 6th April, 1992 was issued to the Petitioner. We are of the opinion that this argument has no force. As noticed above the State Commission had notified well in advance that the cases fixed for 6th October, 1992 stood adjourned to 7th October, 1992. Otherwise also as noticed by the State Commission it is well settled practice that if any day is declared holiday the cases are taken up on the next date. The State Commission suo motu adjourned the case on a couple of occasions after 7th October, 1992 because of the absence of the petitioner but the Petitioner did not take any trouble to find out what had happened to his appeal which was fixed for hearing on 6th October, 1992. A duty is cast upon a party to find out about the progress of his case particularly when it is fixed for a certain date. In such circumstances a party cannot be permitted to sit at home and await receipt of fresh notice of hearing of his case.