- (1.) Heard learned counsel for the parties. Leave granted.
(2.) The first appeal filed by the appellants before the National Commission was dismissed by passing a cryptic order which reads as follows: "The application for fixing a date of hearing is dismissed. The appellant is trying to get around the consent decree that was passed by the City Court to which he was a party. The Appeal is also dismissed. "this order is under challenge in this appeal.
(3.) It is clear from the order under challenge that the appeal was dismissed while considering the application filed by the appellants for fixing a date of hearing. Not only the said application was dismissed but the appeal also. There was no consideration of the matter on merit. In the circumstances we are of the view that the appeal should be disposed of on merit after giving opportunity of hearing to both the parties. Therefore without delving further into the merits of the we set aside the order under challenge and remit the matter to the National commission for disposal of the appeal. First appeal No. 91/2000, after in accordance with law. The appeal is disposed of accordingly. No costs. Appeal allowed accordingly.;