Heard Mr. D.K. Chomal, learned counsel, appearing for the respondent. None has appeared on behalf of the appellant.

        Mr. Chomal has submitted that in this case both parties have submitted evidence in affidavit before the District Forum but they were not given any chance to cross-examine the witnesses, examined by both the parties for which, the veracity of the evidence led by both the parties could not be detected.

        After going through the record of the District Forum, we have found that initially both parties submitted evidence in affidavit on their behalf but as the relevant exhibits were not signed by the then President of the Forum, who subsequently retired, on 7-5-2013, order was passed for submission of fresh evidence in affidavit by both the parties. Accordingly, evidence was submitted by the complainant and the opposite party. It is further found that on 7-6-2013 after filing of evidence by the opposite party, the District Forum posted the case for judgment. This apparently shows that no chance was given to the parties to cross-examine the witnesses of the other party.

        In view of the above situation, we are of the considered opinion that justice would be better served, if the case is remanded to the concerned District Forum with a direction that both parties would be allowed to cross-examine the witnesses examined by the other side.

        With the above observation and direction, the impugned judgment dated 30-08-2013 passed by the District Forum, Dibrugarh, in C.P. Case No. 2 of 2007, is hereby set-aside. It is directed that after recording of cross-examination of the witnesses, the District Forum will pass a fresh judgment after hearing argument of both the parties.

        Accordingly, both parties are directed to appear before the District Forum, Dibrugarh, on 3-2-2020.

        Send back the original case record along with a copy of this order to the respective District Forum.

        Statutory amount of Rs. 25,000/- deposited by the appellant vide cheque No. 021710 dated 11-10-2013, shall be returned to the appellant or their authorized agent.