RAJA RAJESHWARI BUILDERS REP. BY SRI RAMAKRISHNA Vs. K.M. NANDAN

JUDGEMENT

(1.) This is an appeal filed by the opposite party no.1 against which the Forum passed an order imposing liability in the following terms:

(2.) The complaint is allowed by directing the opposite party to pay an amount of Rs.75,000/- with interest @ 12% p.a. from 20-3-2003 till the date of realization along with costs of Rs.2,000/-. This order shall be complied within one month from the date of receipt of copy of this order

(3.) The peculiar feature of this appeal is that it is preferred by opposite party no.1 while the relief portion speaks of opposite party being held liable, making opposite party no.2 as respondent no.2 herein. As could be seen from the complaint, it did not even whisper as to why opposite party No.2 was added as a party. Perhaps keeping this fact in view the District Forum appeared to have used the singular number in targeting the opposite party no.1 alone for the liability as the entire complaint contains allegations directed against the opposite party no.1 alone as the developer without even mentioning as to how opposite party no.2 had any nexus with opposite party no.1. In this view of the matter it is not unreasonable to think that the District Forum intended to pass the order only against the appellant though it inadvertently overlooked passing a consequential order dismissing the complaint against opposite party no.2 made R2 herein. The general rule of singular including plural cannot be stretched too wide as to say that opposite party means opposite parties. The very fact that opposite party no.1 filed this appeal clearly shows that the appellant too is alive to the reality that the order came to be passed against it only. The facts that led to filing this appeal are briefly as follows: