No. 7/09.06.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Gouranga Gupta Roy, the Ld. Advocate, Respondent No. 1 through Mr. Gobinda Prasad Roy, the Ld. Advocate and Respondent No. 2 through Ms. Z. N. Khan, the Ld. Advocate are present.  The Ld. Advocate for the Respondent No. 2 files Vokalatnama. 

Heard Mr. Gupta Roy, the Ld. Advocate for the Appellant and Mr. Gobinda Prasad Roy, the Ld. Advocate for the Respondent No. 1 as also Ms. Z. N. Khan, the Ld. Advocate for the Respondent No. 2.  The only contention of the Appellant is that the transaction involved in the present appeal shows that the purchase was made by the Complainant for commercial purpose and no case of livelihood or self employment has been made out.  In view of the judgement in the case of Mira Industries – vs. – Modern Construction reported in 2009 II CPJ 402 the law has been explained as regards the effect of the amendment brought in the year 2003 in the definition in Section 2(i)(d) of the C. P. Act.  Mr. Roy, the Ld. Advocate for the Complainant – Respondent No. 1 contended that the said objection has not been raised by the O.P. in their Written Version and this being a case of explanation as regards law prevailing, there being no objection on facts as regards commercial purpose, such question should not be allowed to be raised in the appeal for the first time.

We also take note of the contention as also explanation bringing in a change in the law.  In such circumstances, we are of the opinion the parties are to be granted opportunity to bring out the issue on facts as regards alleged commercial purpose.  Accordingly the impugned order is set aside and the appeal is allowed.  We send back the matter to the Forum for disposal of the matter in accordance with law after granting opportunities to the parties to raise objection as indicated hereinabove, if required, by amendment of the pleadings and filing further evidence.  As the matter is pending for some time Forum is requested to dispose of the proceeding within a period of four months from the date of the order.