CHAITALI GHOSH DASTIDAR WIFE OF UDAY BHANU GHOSH Vs. DR. SUBIR GUHA & ANR. SON OF DR. GUNENDRA NATH DRIVE

JUDGEMENT

(1.) This appeal has been filed by the appellant against order dated 19.01.2016 passed by learned State Commission in Complaint No. 31 of 2015 - Dr. Subir Guha v. Chaitali Ghosh Dastidar , by which learned State Commission refused to take written statement on record without setting aside ex-parte.

(2.) Brief facts of the case are that complainant/respondent filed complaint before State Commission against appellant/opposite party and complaint was admitted on 05-02-2015 and notice was issued to opposite party for 24-06-2015. It appears that before 24-06-2015 notice was served on opposite party, as per tracking report and on 24-06-2015 counsel for the complainant appeared but none appeared for opposite party and case was transferred to third Bench for disposal and so fixed for 04-08-2015. On 04-08-2015 counsel for the complainant appeared and concerned Bench admitted appeal and condoned delay of 41 days and next date of hearing appeal was given as 23-09-2015 whereas this was original complaint and there was no question of condonation of delay and admission of appeal and it appears that by mistake many things have been mentioned in this order which is to my surprise. The case was again taken on 11-09-2015 whereas by order dated 04-08-2015, case was adjourned to 23-09-2015. No reason has been given for preponement of the case and no notice was served on opposite party for preponement though on 11-09-2015 counsel for the complainant appeared and case was adjourned to 16-10-2015. On 16-10-2015 as none appeared for opposite party, learned State Commission proceeded ex-parte and adjourned matter for filing the complainant's evidence on 19-01-2016 and on that day counsel for the opposite party appeared and requested for filing written statement and setting aside ex-parte order, on which impugned order was passed.

(3.) Heard learned counsel for the parties and perused record.