Heard learned counsel for the appellant. Learned State Commission vide impugned order dated

19.04.2012 dismissed complaint on account of non appearance of complainant as well not -1- complying with the orders of the Commission. Along with this appeal application for condonation of delay of 20 days has been filed. Looking into averments made in the application for condonation of delay, we deem it proper and allow the application of condonation of delay in filing appeal. As complaint has been dismissed in default, we deem it proper to restore the appeal for disposal on merits. Consequently appeal filed by the appellant is allowed subject to depositing Rs. 5000/- as cost with Legal Aid Fund of this Commission within four weeks and set aside order dated 19.04.2012 passed by State Commission in CC no. 313/09, mt. Indira Jindal Vs. Medical Superintendent, Sir Ganga Ram Hospital & Ors.and restore complaint at its original number. Learned State Commission is directed to proceed in accordance with law. Appellant is directed to appear before State Commission on 21.03.2013. ......................J K.S. CHAUDHARI PRESIDING MEMBER ...................... DR. B.C. GUPTA MEMBER