Sri Shyamal Gupta, Member

This Revision is preferred against the Order dated 25-02-2019 passed by the Ld. District Forum, Kolkata-II (Central) in CC/06/2019.

The positive case of the Revisionists is that due to inadvertent misposting in the diary of their Ld. Advocate, the WV could not be filed on the date fixed.  Accordingly, they prayed for due liberty to defend their case by filing WV.

Heard both sides and considered the documents on record.

It is a statutory requirement on the part of the  Opposite Party to submit WV within a period of 30 days from the date of receipt of notice.  Although District Forum has been given discretionary power to extend the aforesaid time by another 15 days, under any circumstances, the Opposite Party cannot claim it as its right and expect the District Forum to extend due privilege in this regard as a routine matter.  At its sole discretion, the District Forum may or may not opt for exercising its extraordinary power under the law.

In any case, considering all aspects, in the interests of natural justice, we allow the Revisionists to file their WV as a special chance.  The impugned order is hereby set aside subject to payment of cost for a sum of Rs. 5,000/- to the Respondent.  The Revision, accordingly, stands allowed in part. Parties to appear before the Ld. District Forum on 02-09-2019.