S.SAGHIR AHMAD, D.P.WADHWA
Shaheed Bhagat Singh Co-operative H. B. Society LTD. – Appellant
Versus
Improvement Trust, Ludhiana – Respondent
JUDGMENT :- The appellant which is a Co-operative House Building Society had filed a complaint against the respondent which was allowed by the District Forum by its judgment and order dated 7-2-1996/15-2-1996 against which the respondent filed an appeal which was dismissed by the State Commission by its judgment dated 17-10-1996. The respondent filed a revision before the National Commission which was dismissed in default on 8-12-1998. The respondent thereafter filed an application under Order IX, Rule 9 read with Section 151 of the Code of Civil Procedure for recalling the order dated 8-12-1998 by which the 3590 revision was dismissed in default. This application was allowed by order dated 21-1-1999 and the order dismissing the revision in default was recalled and the revision was restored to its original number. It is against this order that the present appeal has been filed.
2. The principal contention raised by the learned counsel for the appellant is that there is no provision under the Consumer Protection Act, 1986 or the rules made thereunder for restoration of a revision which is dismissed in default. Reliance for this purpose was placed on the decision of this Court in Jyot
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