S K TRADING AND CO Vs. R SHARMA

JUDGEMENT

(1.) Shri T. Ambrish appearing on behalf of the Appellant has presented the case of the Appellant before us with commendable ability. But notwithstanding his earnest efforts to persuade us to interfere with the order passed by the State Commission. We See no grounds warranting any interference. With finding of fact recorded by the State Commission based on its appreciation of the evidence adduced before it. The evidence consisted mainly of the oral testimony of two witnesses, examined on behalf of the complainant which was accepted as worthy of reliance by the State Commission. No oral evidence in rebuttal was adduced on behalf of the Opposite Party (Appellant herein). In the Circumstances, it cannot be said that the findings entered by the State Commission are not duly supported by the evidence available on the record.

(2.) An objection was raised before us for the first time during the arguments by Shri Ambrish that since the valuation of the subject matter of the complaint was very much below Rupees One Lakh, the State Commission should not have entertained the complaint. Though there is force in this argument we have to take notice of the fact that no such objection was taken before the State Commission at any stage of the proceedings before it. Instead, the appellant had submitted to the jurisdiction of the State Commission and taken his chance of getting a favourable decision from the State Commission. It is also worthy of mention that no such objection has been taken even in the memorandum of appeal filed by the Appellant before this Commission. Further no miscarriage of justice has resulted from the factum of the complaint having been dealt with by the State Commission. In the circumstances we consider that this is fit a case where the wholesome principle of justice and equity embothed in Section 21(2) of the Civil Procedure Code should be invoked and we accordingly overrule the objection and decline to interfere with the order passed by the State Commission.

(3.) In the result, the appeal fails and will stand dismissed. Since the Opposite Party has not appeared there will be no direction regarding costs. Appeal dismissed.