DESH BANDHU AGGARWAL, S.BRAR, A.P.CHOWDHRI
K. K. SHARMA – Appellant
Versus
S. D. SHARMA – Respondent
Mr. Justice A.P. Chowdhri, President— This order would dispose of appeals A-372 and A-401 of 1994, as common question of law has been raised therein. In various complaints detailed in the order of the District Forum, the opposite parties failed to appear and were proceeded ex-parte. The complaints were disposed of ex-parte. On behalf of the opposite parties, applications for setting aside the ex- parte order were moved. The same were contested : The various applications were dismissed by the District Forum by its order dated 16.8.94 on the ground that the District Forum had no power to set-aside the final order passed. Aggrieved by the order, both these appeals have been filed.
2. We have heard Mr. Virender Bhatt, Advocate, for the appellant’s and Mr. Vivek Srivastava, Advocate for the respondent’s.
3. It would be convenient to notice the facts in appeal No. A. 401/94, The complaint was instituted in the District Forum in 1992. The opposite party failed to appear and the complaint was allowed by order dated 27.4.92. An application for setting aside the ex-parte order was made before the District Forum on 29.10.92. The main ground taken was that no service had been effected in th
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