Sri Shyamal Gupta, Member

This Revision is directed against the Order dated 12-09-2018, passed by the Ld. District Forum, Howrah in CC/329/2016.

By such petition, it is submitted by the Revisionists that as per the direction of the Forum below, they submitted WV in support of their case.  Subsequently, the Respondent sought for several adjournments for the purpose of filing his evidence which was duly granted by the Ld. District Forum.  As per the order dated 12-05-2017, the Respondent was supposed to file evidence on 03-07-2017, but the same has not been filed till date.  However, the Ld. District Forum, instead of directing the Revisionists to file their evidence, straightway fixed the next date for hearing. The Revisionists were shocked to learn that on 30-10-2017, the Ld. District Forum fixed the next date for ex parte hearing noting inter alia that no step had been taken by the Revisionists though fact remained that the Revisionists submitted their WV on 05-01-2017.  Subsequently, on 20-04-2018 a Misc. application was filed by the Revisionists for vacating the ex parte order.  However, by passing the impugned order, said MA was rejected.  Hence the present Revision.

Heard both sides and gone through the documents on record.

On scrutiny of the copies of daily order sheets of the complaint case, we came across some instances of jurisdictional error in conducting the complaint case.  For instance, on 03-07-2017, after noting that no fruitful result emerged out of the compromise enndeavour between the parties, the Ld. District Forum fixed the next date on 24-08-2017 for either filing compromise petition or hearing of the case.  Since the Respondent did not file his evidence earlier, as per due procedure, the Ld. District Forum ought to fix the next date for compromise/evidence by the Revisionists.  Similarly, while disposing MA/78/2018, the Ld. District Forum noted in its order that by such petition, the Revisionists prayed for acceptance of their WV though fact of the matter remained that the same was already filed on 05-01-2017. 

Considering above irregularities, in the interests of natural justice, we allow this Revision.  The order impugned is hereby set aside.  Parties to appear before the Ld. District Forum on 08-08-2019 for filing evidence by the Revisionists.