No. 9/15.12.2008.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Both sides are present through their Ld. Advocates.  Respondent No. 1 files BNA, copy has already been served.  Heard Mr. P. C. Bhattacharya, the Ld. Advocate along with Mr. Malay Kr. Roy, the Ld. Advocate for the Appellant and Mr. S. Sikdar, the Ld. Advocate for the Respondent No. 1 – Complainant.  The contention of the Appellant is that the proceeding initiated before the Forum below suffered from defect of parties as Co-operative Society itself was not made a party though allegation of the Complainant is relating to his alleged deposits with the Sobra Shyampur Samabay Krishi Unnayan Samity Ltd.  Upon hearing the Appellant as also Mr. Sikdar, the Ld. Advocate for the Respondent No. 1 it is apparent that Co-operative Society was not made a party and, therefore, the complaint suffered from defect of parties.  But on such ground of defect of parties the complaint itself should not be dismissed.  In the interest of justice an opportunity has to be granted to cure such defect as regards parties.  Moreover, we find from the LCR that in the proceeding itself no evidence was recorded and matter has been decided on the pleadings themselves.  In the circumstances we are of the opinion the matter should be heard by the Forum below afresh upon granting the Complainant opportunity to cure the defect as regards defect of parties granting opportunity to the Complainant to take such appropriate steps for addition of appropriate parties.  The Forum below also to dispose of the matter thereafter in accordance with law granting the parties opportunities to adduce their evidence.  In above view of the matter the impugned judgement is set aside and the matter is sent back to the Forum below to dispose of the matter in accordance with law and observations made hereinabove.

LCR be returned to the Forum below along with a copy of this judgement forthwith.