06/01/16

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This order relates to hearing on the point of admission. 

            The Revision Petition has been preferred against the order no.21 dated 20/11/15 passed by Learned District Forum, Hooghly in CC 6 of 2013 whereby the Learned District Forum rejected the Complainant’s prayer for cross-examination of OPW on dock. 

           It is submitted by the Learned Counsel for the Revision Petitioner that the complaint was instituted alleging medical negligence against the OPs and having regard to the facts and circumstances of the case it was necessary to cross-examine the OPs on dock.  It is submitted that the Learned District Forum committed illegality in refusing such prayer. 

            We have heard the submission made by the Learned Counsel for the Revision Petitioner and perused the papers on record.  It has been held by the Hon'ble National Commission in the decision reported in 2012 CPJ 579 [Acron Developers Pvt. Ltd. vs. Rajesh Malhotra] that instead of asking parties for oral cross-examination in witness box, parties should be asked to reply on interrogatory.  In such view of the matter, we are of the considered view that there is no ground to admit this Revision Petition. 

            The Revision Petition is dismissed being not admitted.