No. 9/19.12.2008.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Heard Mr. P. K. Basu, the Ld. Advocate for the Appellant and Mr. R. K. Choumal, the Ld. Advocate for the Respondent.  Upon hearing the Ld. Advocates and perusing the materials on record as it appears that nature of the dispute raised in the proceeding are such that it should have been decided by the Forum itself upon granting the parties opportunity to lead evidence in accordance with law.  Admittedly the law provides such rights to the parties.  Even without allowing the parties to exercise such rights the Forum appears to have disposed of the proceeding on the ground that the dispute cannot be adjudicated without detailed evidence, report of Surveyor and report of expert engineer.  Though the proceedings before the Forum are undoubtedly summary proceeding in nature but from the materials on records we find trial of such proceeding by the Forum is absolutely permissible as law has been decided repeatedly.  Reference can be made to the judgement in the case of Faqir Chand Gulati – vs. – Uppal Agencies Pvt. Ltd. & Anr. reported in 2008 (5) Supreme 76.  In above view of the position of law we allow the appeal.  The impugned judgement is set aside.  The Forum below is directed to decide the matter in accordance with law granting the parties opportunity to adduce evidence.  We make it clear that we have not decided any of the contentions on merit.