H.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA-9.

Rev. Pet. No. 16 of 2009

Decided on 13.7.2009.



The Head Master,

Govt. High School Dhamandri,

Tehsil Theog, District Shimla.

.....Petitioner.

Versus



1. Sh. Om Prakash

R/o Bhardwaj Niwas Prem Ghat,

Ward No.2, House No. 17/11, Theog,

Tehsil Theog, District Shimla, H.P.



2. Life Insurance Corporation of India

Through Divisional Manager.

…..Respondents.

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Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekher Sharma, Member.



Whether approved for reporting ?



For the Peetitioner. Mr. Anoop Sharma, ADA.



For the Respondents. Mrs. Anu Tuli, Advocate for

Respondent No.1.



Mr. Girija Nand, Advocate vice

counsel for respondent No.2.

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ORDER

Justice Arun Kumar Goel (Retd.) President.



1. Service is complete. Looking to the nature and controversy involved in this revision, it is just and proper to dispose it at this stage. Another reason to dispose of this case today is, that the complaint is fixed for final hearing before the District Forum, Shimla on 14.7.2009.



2. According to the learned counsel for the parties, pleadings as well as evidence in complaint No. 230/2005, out of which this revision has been arisen, are complete. Only arguments are to be heard. Petitioner was set ex-parte on 25.7.2006, however, complaint was not disposed of on its merits.


3. At this stage Ld. Counsel for respondent No.1 who is complainant before the District Forum below stated at the bar that she has instructions not to oppose this petition. Even otherwise in accordance with law, a party who has been set ex-parte can always join the proceedings despite such an order at any stage of lis. As already noted this case is fixed for final hearing and according to the learned counsel for the parties they will argue the matter before the District Forum below on the date fixed, in these circumstances order dated 22.1.2009, is set asise and the application U/O 9 Rule 7 CPC read with Section 151 of the CPC filed by the petitioner is allowed.

4. Office is directed to send copy of this order alongwith complaint file to District Forum below during the course of day-to-day, so that the proceedings are not stalled on 14.7.2009.



5. Learned counsel for the parties have undertaken to collect copy of this order free of cost from the Court Secretary as per Rules.




(Justice Arun Kumar Goel)Retd.

President



(Saroj Sharma)

Member







(Chander Shekher Sharma)

Member



Suneera

13.7.2009