BHARTI HEXACOM LIMITED Vs. PROF EUGENE D THOMAS

JUDGEMENT

(1.) HEARD Mr. R. Jha, appearing on behalf of Bharti Hexacom Ltd. We have carefully perused the memo of appeal and the order sheet of the learned District Forum annexed therewith. Mr. R. Jha who has moved the memorandum of appeal for admission is aggrieved that although the learned District Forum vide its order dated 11.8.2008 fixed 29.8.2008 for "hearing", on 29.8.2008 it passed an order fixing 15.9.2008 for evidence by the complainant and that this amounted to turning the clock back and was illegal.

(2.) HAVING given thoughtful consideration, we find that this memo of appeal is not accompanied by a certified copy of the impugned order. Further, we do not find any legal infirmity in the order dated 29.8.2008 passed by the learned District Forum. Hearing of a case includes the taking of evidence. When a case is fixed for "hearing", a Court or Tribunal may either take evidence tendered by the parties or hear their arguments. It is only when evidence of the parties is closed by a specific order that "hearing" would refer to arguments only. In any event, the District Forum has the discretion to permit any party to examine any witness at any stage if it considers it necessary. The evidence of the complainant cannot be shut off on such flimsy grounds as taken by the appellant, else the cause of justice would suffer, more particularly as hearing of the complaint is still in its initial stages. Here we may refer to Order 18 Rule 2 of the CPC, which is quoted below, which squarely applies to the case in view of Section 13(4) of the Consumer Protection Act, 1986 and fortifies the stand that we are taking in the matter: Statement and production of evidence(1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. (3) The party beginning may then reply generally on the whole case. (4) Notwithstanding anything contained in this rule, the Court may, for reasons to be recorded, direct or permit any party to examine any witness at any stage.

(3.) IN this view of the matter we are not inclined to admit the appeal and we reject the same. The matter shall proceed in the learned District Forum in accordance with law. The matter stands disposed of. Office shall send copies of this order to the learned District Forum and the parties herein within one week.