PADMANABAN Vs. G SHANMUGAM

JUDGEMENT

(1.) The Counsel for the appellant is present. Respondent, who appeared in person, is absent. There is no representation. Heard the Counsel for the appellant. The appeal is preferred against the order passed in C. M. P. No.37/99 which was an application filed by the complainants to restore the Original Petition in O. P. No.118/96 which was dismissed for default. According to the third appellant, who was looking after the case on behalf of the others as he was suffering from such an illness from 10.6.1999 to 15.7.1999, he could not be present and hence, the applicants may be given an opportunity to put forward their case. It is on the ground of absence of the complainants on 16.6.1999, the complaint was dismissed. Of course, there are 5 complainants and that they all are brothers and sisters. It is only the third complainant who is said to conduct the case on behalf of the others. It is also stated that there was a boycott of Courts on 14.6.1999 and 15.6.1999. The fact that the opposite party is not present today will be quite material circumstance if we take into account in the context of the present appeal. That there was a boycott of Courts by Lawyers is also a fact to be taken note of since the disposal of the case was on the day of boycott. Therefore, considering the nature of claim and the circumstances, we are of the view that an opportunity must be afforded to the appellants to put forward their case before the lower Forum. Hence, in such circumstances, taking a broad view of the matter and in keeping with the tenets of the natural justice, we deem it a fit case to accept the appeal so that the appellants can be afforded an opportunity to put forward their case in the lower Forum. Consequently in that view of the matter, the appeal is allowed and the order passed by the lower Forum is hereby set aside. The application filed by the complainant in C. M. P. No.37/99 will stand allowed, but in the circumstances without costs. The ex parte order of dismissal by the lower Forum in the O. P. No.118/96 on 16.6.1999 will stand set aside. The lower Forum shall dispose of the case on merits after giving sufficient opportunities to both the parties to adduce evidence, if necessary. In the circumstances, there is no order as to costs. Appeal allowed.