No. 1/22.06.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Heard Mr. Prabir Basu, the Ld. Advocate for the Revisionist.  We have seen the impugned order.  The contention of Mr. Basu, the Ld. Advocate is that the impugned order cannot stand as finding has been recorded as regards the date when cause of action arose on the basis of the pleadings namely complaint and the certificate by the Government of West Bengal dated 30.01.2009 certifying that the Complainant was visually handicapped and, therefore, Mr. Basu contends the finding of the Forum below cannot stand.

We have considered the contention of Mr. Basu.   We find that the certificate was only in respect of one eye and grievance of the Revisionist is consequence of O.Ps’ negligence resulting in total loss of vision in both the eyes.  Therefore, the said certificate does not prove the said contention.  Finding by the Forum below at this stage when even pleadings have not been completed, cannot be said to be irregular particularly when it had to be proved on an application filed by the concerned O.P. and on her invitation.  Apprehension of the Revisionist that findings as recorded on the question of limitation holding in favour of the Complainant, will stand in the way of the O.Ps in the proceeding even if on evidence O.P. proves time bar.  We not agree with the said contention of Mr. Basu for the Revisionist as this finding is apparently at the preliminary stage on application made only when complaint is on record.  It goes without saying after Written Version when filed and evidences are recorded, if the Forum finds that there is a bar on limitation on the cause of action proved, there will be no hurdle for the Forum to come to such finding as the present impugned order is not a final decision on evidence.  Therefore, we do not find any ground for interference at this stage with the impugned order, but in spite of the above observation we make it clear that the impugned order does not indicate that the O.Ps/Revisionist in the Forum below are deprived of opportunity of filing Written Version and to contest the proceeding on evidence in accordance with law.  The revision petition is disposed of.