AI Structured Summary
Not yet generated for this judgment
Judgment
THE appellant is present in person. We have heard him. It seems he is the opposite party No. 2 in the CD. Case No. 46/96 in the Court of the District Forum, Boudh which is disclosed from the certified copy of the complaint petition. THE certified copy of the order sheet in the said case indicates that on 12.11.1996 this appellant- opposite party No. 2 appeared before the District Forum through his Advocate one P.K. Amanta and others. THE certified copy of the last order sheet dated 29.11.1996 discloses that opposite party No. 1 was in custody as an under-trial prison in I.C.C. 6/89 of the Court of S.D.J.M., Boudh and during the course of hearing, we are informed that the said complaint case is also against this present appellant i.e., opposite party No. 2 in the C.D. Case No. 46/96. It seems the said complaint case relates to the subject-matter of the C.D. Case and allegation against the opposite parties are that they defrauded and cheated the complainant who was a student of that institution.
BE that as it may, fact remains that the present appellant has rushed to this appellate Forum against no specific order of the District Forum, Boudh but challenging the jurisdiction of the District Forum of Boudh. We are afraid at this stage, we cannot entertain this appeal since the matter of jurisdiction also has to be decided by the District Forum finally. The case has not proceeded because of an interim stay order passed by this Commission. The matter has been unnecessarily pending here for no justifiable reason. The appellant has no case at this stage. He is also not able to inform us whether he has filed a show-cause or objection in the CD. Case before the District Forum. The certified copy of the order sheet filed by the appellant only discloses the last order to be on 29.11.1996 and he had rushed to this Commission on 12.12.1996 only after 13 days of the passing of the order of the District Forum. We do not find any merit in the appeal. It is dismissed as such. However, in the facts and circumstances of the case we observe that this dismissal would not prevent the appellant to contest the original case before the District Forum by filing an objection if no such objection has been filed in the meantime. The L.C.R. be sent to the District Forum immediately. The appellant-opposite f party No. 2 is hereby directed to appear before the District Forum, Boudh on 20.11.2000t o receive further direction from the Forum. No cost. Dr. Arti Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Appeal dismissed.