SURESH CHAND RATHORE Vs. SURENDER SINGH YADAV

JUDGEMENT

(1.) COUNSEL for the parties heard.

(2.) THE District Forum ordered to proceed ex -parte against the OP3, Sh. Surender Singh Yadav, Respondent herein and Sh. Surender Kumar - OP. No. 1/Respondent No. 2 herein. The Forum decreed the claim of the complainant ex -parte vide order dated 08.02.2011. An appeal was preferred before the State Commission.

(3.) THE order of the State Commission goes to show that the OPs 1 and 3 were proceeded against ex -parte only on the basis of affidavit filed by the complainant, mentioning therein that they had refused to accept the notice. The State Commission came to the conclusion that they were not properly served in this case. The State Commission set aside the ex -parte proceedings and remanded the case for fresh decision in accordance with law.