Rajeev Hitendra Pathak & Ors vs Achyut Kashinath Karekar & Anr on 19 August, 2011
But subsequently, the issue involved,
was referred to the larger Bench to consider the question as to whether the
State Commission has the power to recall the ex parte order and the
Larger Bench vide its judgment in case reported in (2011) 9 SCC 541
titled Rajeev Hitendra Pathank and others Vs. Achyut Kasinath
Karekar and another, has held that District Forums and State
Commission had not been given any powers to set aside ex parte orders
and power of review and the powers, which have not been especially
given by the Statute, cannot be exercised. The relevant paragraph No.10
of the judgment is reproduced as under:-