The court emphasized the importance of addressing the question of limitation before the question of maintainability in legal proceedings.

Mr. Justice D.P. Wadhwa, President—On the last date of hearing, we passed the following order :

“Two issues are framed by the State Commission. One on the question of maintainability and another on the question of limitation. The State Commission decided to proceed on maintainability first and observed that if it held in favour of the complainant, then the other issue will be decided. This does not appear to be right approach. We also find that the judgment has been rather too long.

Admit. Issue notice to both the parties returnable on 20.2.2003.”

However, it appears that notice could not be issued to the petitioner inadvertently. In the circumstances, we appoint Ms. Dorothy Michael, C/o Mr. S. Kulshrestha, 433, 4th Floor, New Lawyers Chamber, Supreme Court of India, New Delhi, Phone No. 23383957 to appear on behalf of the petitioner as amicus curiae. She will be paid Rs. 2,500/- as out of pocket expenses by the President, NCDRC Bar Association. A set of paper book along with a copy of this order may be sent to Ms. Michael.

2. We have considered the matter afresh as we find that the approach adopted by the State Commission was not correct. As a matter of fact, the question of limitation should have gone into first and then the question of maintainability otherwise on the merit of complaint later. In the circumstances, we are constrained to set aide the impugned order and remand the matter to the State Commission for fresh decision on merits of the case as per the issue raised in accordance with law. Parties shall appear before the State Commission on 10.4.2003. Petitioner be given a copy of this order.

Revision Petition disposed of.