S.SAMICKANNU vs VIJAYASANKAR

IN these appeals without going into the merits of the rival contentions, we are obliged to remand the matter for decision by the District Forum on the question of limitation.

DURING the course of arguments before us, the learned Counsel, Mr. Naresh Kumar, appearing for the opposite party, Dr. S. Swamickannu, raised the question of limitation stating that the complainant got treated by Dr. Rangabashyam in 1995, that the complaint came to be filed only on 7.12.1998, more than 2 years after the treatment by Dr. Rangabashyam and that the complaint was, therefore, barred by limitation. Per contra, Ms. Devika, learned Counsel for the complainants, D. Vijayasankar and Amudha, referred to a number of decisions of the Supreme Court, National Commission and other State Commissions and submitted the question of limitation had not been raised by the opposite party before the District Forum and that he could not be allowed to raise the same at the appellate stage. The learned Counsel, however, submitted that in case, the opposite party was to be allowed to raise the question of limitation, the complainants should be given adequate opportunity to meet the case of limitation by their being permitted to file additional documents to show that the claim was not barred by limitation.

In such a situation, ends of justice required that the question of limitation going as it does to the root of the matter, the opposite party should be allowed to raise the same, subject to the complainants being given sufficient opportunity to resist the limitation question.

IN the above circumstances the best thing to do is to call for a finding from the District Forum on the question of limitation. Both Counsel are agreeable to the said course. Consequently we call for a finding from the District Forum. The District Forum shall consider the limited question whether the complaint had been filed within time. The parties shall be at liberty to lead both oral and documentary evidence. After entering its finding on the question of limitation, the District Forum shall send its finding to the State Commission. The District Forum shall decide the matter within a period of two months from the date of receipt of this order. The parties are directed to appear before the District Forum on 17.1.2006. The appeals shall remain on file before this Commission.

THE Registry is directed to send all the relevant records to the District Forum, Cuddalore immediately. Ordered accordingly.