It was held by the Commission that, using ill-health as an excuse for failing to file version is not a bonafide reason and thus unacceptable. This was observed in the case of Smt. Farida Banu v. Vedamurthy, [Revision Petition No., RP/44/2018], heard before Hon’ble Presiding Member Mr. Ravishankar and Hon’ble Member Mrs. Sunita Channabasappa Bagewadi.
The brief facts of the dispute are as follows; the complaint had been filed against the Revision Petitioner, asserting deficiency in service for his child’s death. After being served with notice, the Revision Petitioner did not appear before the District Commission on October 6, 2017, so this petition was filed ex parte. Following that, on October 27, 2017, this Revision Petitioner submitted an application under CPC Rule 9 Rule-7 to set aside the exparte order against them. As a result, following the hearing, the District Commission granted the IA and permitted them to challenge the case, as well as offered time to submit a file version. Despite having ample time to file version, this Revision Petitioner has not done so. This petitioner filed a request to allow them to file a version on December 5, 2017, and the application was rejected because there is no scope for the said IA and adequate opportunity was provided.
The Opposite Party did not file a timely version, and the Revision Petitioner explained that due to poor health, he was unable to notify their counsel to file a version, so it is for a legitimate reason. However, the stated reason for non-filing is unacceptable. The Commission held that, “The Revision Petitioner has not produced any materials before the District Commission or before this Commission to show that they suffered ill health. We found that the District Commission rightly rejected the application filed by the Opposite Party to permit them to file version. Hence, Revision Petition fails. The District Commission is directed to adjudicate the complaint after receiving the affidavit evidence and dispose the matter on merits expeditiously. Accordingly, the Revision Petition is dismissed.”
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Judgement Reviewed by Vagisha Sagar
