HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

1/19.01.2010.

Heard Mr. Anup Kr. Biswas, the Ld. Advocate for the Revision Petitioner.  When the complaint is at the stage of final delivery of judgement the Forum has passed an order granting opportunity to the Complainant to add a party as a necessary party has been omitted and that may result in serious consequences.  Mr. Biswas, the Ld. Advocate for the Revision Petitioner appears for the Complainant and argues that his client, the Complainant, is not interested to get the said party added in the proceeding as advised and, therefore, the impugned order should be set aside and the Forum should be directed to deliver the judgement.

We have considered such contention and we find that the order No. 20 dated 13.11.2009 was passed by the Forum granting such opportunity to the Petitioner which has caused grievance of the Petitioner.  But we are surprised to find that on the next date i.e. on 06.12.2009 when the matter was taken up instead of bringing to the notice of the Forum contention of the Complainant, the Complainant remained absent and no step was taken and accordingly the show-cause has been directed.  We do not find any reason for not bringing to the notice of the Forum the aforesaid contention of the Petitioner that it does not want to get the party added as directed by order No. 20.  In the circumstances we do not find any fault on the part of the Forum and the revision is dismissed without being admitted.  But Complainant is at liberty to show cause as directed and to bring to the notice of the Forum the stand of the Complainant in view of the order No. 20 dated 13.11.2009 and the Forum will be at liberty to decide in accordance with law.