Hon’ble Mr. Ajeya Matilal, Presiding Member

Order No.04

Ld. Counsel for the Revisionist/Petitioner is present.

Being aggrieved by and dissatisfied with the Order vide Order No.34 dated 27.07.2023 passed by Hon’ble DCDRC, North 24 Parganas, Barasat in connection with the complaint case No.CC/225/2016 passing an order to the effect that the case shall run ex-parte against Opposite Party Nos.1,2 & 3, the Revisionist/Petitioner preferred this Revision Petition.

Heard the submission of the Ld. Counsel concerned.

Considered.

He drew our attention to an Order passed by the Commission on 06.03.2020 in FA being No.A/358/2018.  In the aforesaid Order this Commission observed “accordingly we remand the case to the Commission below for re-adjudication of the dispute on the basis of handwriting expart.   Incidental charges for the same have to be borne by the Appellant”.

The Appeal, thus, stands allowed in part.  

Parties to appear before the Ld. District Commission on 06.04.2020.

Ld. Counsel for Revisionist/Petitioner submitted that if the Order is not set aside he will not get any chance for referring the documents in question to the handwriting ex-part observing formalities.

So, we are of the view considering the illegal position of law. the impugned Order be deserves to be set aside.

Hence,

O R D E R E D

Revision Petition being No.138/2023 is allowed ex-parte without cost.

The impugned Order is set aside.

Parties are directed to appear before the Commission below on 16.12.2024.

Hon’ble Commision below is requested to dispose of the complaint case No. CC/225/2016 in accordance with law, after giving the concerned Parties an opportunity of being heard as early as possible.  Hon’ble Commission below may see why and how number of Opposite Parties increased from 2 to 6/7 or more.

Order of stay in connection with the present Revision Petition if any, is vacated.

Let a copy of this Order be sent down to the Commission below.

Thus, the Revision Petition being No.138/2023 stands disposed of.

Note accordingly.