Sri Shyamal Gupta, Member

In this revision, the Order dated 15-01-2019 of the Ld. District Forum, Howrah passed in complaint case bearing no. 320/2018 is called in question by the Revisionists.

The case of the Revisionists, is that, on 30-11-2018, the date was fixed for SR and appearance of the Revisionists.  However, owing to some unavoidable circumstances, they remained unrepresented before the Ld. District Forum on that day.  However, without according further privilege to them to contest the case, the Ld. District Forum fixed the next date for ex parte hearing. Aggrieved with such decision, the Revisionists prayed for setting aside the ex parte order.

We have heard both sides and perused the material on record.

On a reference to the copies of daily order sheets it transpires that vide its order dated 17-09-2018, the Ld. District Forum admitted the complaint case and fixed 30-11-2018 for SR and appearance.  On 30-11-2018, the Respondent filed copy of the postal track report wherefrom the Ld. District Forum observed that notice had already been served upon the Revisionists.  Despite this, as no one turned up on their behalf, the Forum fixed the next date for ex parte hearing. 

As the order sheet dated 30-11-2018 does not notify any clear date as to when notice of the complaint case was served upon the Revisionists, we are unable to figure out as to whether or not the statutory period of 30 days for filing WV already got over by then. 

In view of the above ambiguity, we are inclined to accord benefit of doubt to the Revisionists. 

Accordingly, we set aside the ex parte order thereby allowing the Revisionists to contest the case in a positive manner. 

The Revision, thus, stands allowed.  Parties to appear before the Ld. District Forum on 24-03-2020 for filing vakalatnama (if not filed already) and WV by the Revisionists positively.