24.09.2008.

SRI S. N. BASU, MEMBER.

Both sides are present through their Ld. Advocates.  Appellant submits that though the Surveyor had assessed the loss at Rs. 43,000/- the Ld. Forum passed an order directed the Appellant to pay an amount of Rs. 2,50,000/-.  The Appellant further contended that the order was passed without taking any evidence from either side and he prays that the case be sent back to the Forum with the direction that both sides should adduce their respective evidence with opportunity of cross-examination.  The Ld. Advocate for the Respondent also admitted that no evidence had been adduced by the Forum below and the order had been passed on the basis of the pleadings of the contesting parties.  Since there is a big gap between the amount of loss assessed by the Surveyor and the decretal amount the case is sent back to the Forum below on remand with the direction that both sides be directed to adduce evidence with opportunity of cross-examination by both of them.  The order of the Forum below dated 28.06.2006 be set aside.  The matter be disposed of within a period of 90 days from the date of receipt of the order.  The appeal be allowed on contest without cost.