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Judgment
RESPONDENTS'' Advocates to file their appearances. We are proceeding to dispose of this appeal at the stage of admission itself without adverting to the merits or demerits of the issues therein. This is a case where we think it is to appropriate in interest of justice that matter should be reassessed and reconsidered afresh on merits as on very face of it. We find that the complainant has suffered from misjoinder of causes of action as also parties.
THE grievance to the complainant is against the Insurance Company, the respondent No. 3 about the damages sustained to the vehicle in an accident. THE second grievance is against respondent Nos. 1 and 2 respectively, manufacturer and dealer with regard to manufacturing defects of the vehicle in question. The complainant jumbled both the grievances in one complaint and District Forum has (sic) to process the said complaint without taking notice of the same.
In interest of justice although Consumer Fora should not be that hypertechnical in the procedural aspects. However, in order to ensure proper and effective adjudication it will be necessary and ideal that two distinct causes of action are not misjoined which would result in causing inconvenience to the parties and may also occasion prejudice.
WITH that view of the matter we think that the matter should be reassessed afresh and separately and for which purpose we are providing liberty to the complainant to file two separate complaints for the two separate claims. ORDER 1. Appeal is formally admitted. Respondents'' Advocates waived service. 2. Appeal is made returnable forthwith. 3. Appeal is allowed and its impugned order dated 23.2.2001 is set aside. 4. The appellant-complainant is provided leave to adopt two separate proceeding as per the observations appeared in the body of the judgment and for that purpose 4 weeks time is granted to the complainant to avail of the liberty provided. 5. The District Forum, in the event complainant avails of the liberty as above, shall proceed to dispose of the complaint totally uninfluenced by its earlier judgment.
With this appeal herein stands disposed of. No order as to costs.
THE appellant''s Advocate shall furnish copy of the order to the District Forum. Appeal allowed.