KANDULA VENKATESWARA RAO Vs. P GOVINDA RAO

JUDGEMENT

(1.) The District Forum rejected the complaint even before issuance of notice to the opposite parties on the ground that the material filed along with the complaint is not sufficient to take the complaint on file. This order is erroneous. The question of adducing evidence will arose after notice is served on the respondents and after they filed their written version. In case the opposite parties admit the claim of the complainants, the complainants need not adduce any further evidence. Therefore, insisting that all the evidence should be filed along with the complaint is unwarranted. This order in our view cannot stand. It is accordingly set aside even before notice as the order was passed without notice to other side. Further the order is not signed by other two Members. Hence the order is not valid in the eye of law. On this count also the order has to be set aside. Accordingly the order is set aside and the matter is remitted back to the District Forum for fresh disposal and it will dispose of the same in accordance with law.