M.THANIKACHALAM, J. - (1.) The Revision Petitioners as complainant, leveling medical negligence against opposite parties 1 to 6, claiming compensation, have filed CC.No.131/2001, on the file of District Forum, Salem. At the fake end of the trial probably, the complainants wanted to produce, and mark certain documents, to prove the conduct of the opposite parties 5 & 6, as if their names have been removed from the role of Medical Council of India, from practicing for a period of 6 months, probably that period might have been over. When those documents are sought to be filed, marked as documents, on the side of the complainant, it was objected, accepted, resulting dismissal of CMP.109/2010, and the said order is under challenge in this revision.
(2.) As submitted before us, the documents sought to be exhibited, are produced only to prove some negligence, said to have been committed by R5 & R6, in some other case, or some proceedings initiated against R5 and R6, whether it is with reference to the medical profession or not, unless that documents are received, we cannot find out, what is the role, played by the opposite parties 5 & 6, and whether those documents, will have any relevance to decide the alleged medical negligence in CC.No.313/2001. It is also represented, that there is some contra, documents are available, indicating, the proceedings were dropped by the Tamil Nadu Medical Council, if that is so, it is for the opposite parties 5 & 6 to file the same, and if possible to nullify the documents, relied on by the complainants. In this view, we are inclined to give an opportunity to both the parties. Therefore, it may not be proper on the part of the District Forum, to deny the rights of the parties in the initial stage itself, without giving an opportunity to produce the documents, thereby avoiding unnecessary comment, as if opportunity was not given. Hence revision deserves acceptance.
(3.) In the result, the Revision Petition is allowed, setting aside the order of the District Forum in CMP.No.109/2010, dt.15.09.2010, and the petition is allowed. The District Forum is directed to receive the documents. If opposite parties 5 & 6 are having any documents, liberty is also given to them, to file their documents and agitate their rights. With these observations, the Revision is disposed.;