The court emphasized the importance of allowing the joined parties the opportunity to defend the complaint before making decisions that could pre-judge the matter.

Mr. Justice M.S. Parikh, President—This Civil Revision Application arises from order dated 1.3.1999 rendered by the learned Consumer Disputes Redressal Forum, Ahmedabad City, Ahmedabad, on application of original opponent, Superintendent, Victoria Jubilee Hospital. It was alleged by the said party by application dated 10.3.1998 in Consumer Complaint No. 1184 of 1994 that the patient named Anjanaben N. Modi died on account of alleged negligence/wrongful act of Dr. Sherooben Zamindar and Dr. Piyush Goswami while performing operation of MTP and Laproscopy in Victoria Jubliee Hospital. The said opponent therefore, prayed for joining said doctors as opponent Nos. 3 and 4. It is obvious that the complainants before the learned Forum as well as before this Commission expressed through their learned Advocate that said doctors should be permitted to be joined in the main complaint. The learned Forum after hearing the parties issued direction to join said two parties. However, while issuing said directions, the learned Forum also held that delay in joining said parties, if any, would stand condoned. Both these parts of the impugned order are subjected to challenge in this revision application.

2. We have heard the learned Advocates for the parties. In so far a joinder of said opponents is concerned, in our considered opinion, the same is clearly interlocutory in nature and the said two doctors will obviously have the opportunity to defend the complaint both on merits as well as on technical grounds including limitation. Thus, no prejudice is likely to be caused if order with regard to their joining is permitted to stand.

3. However, order with regard to condonation of delay clearly appears to be uncalled for as the said order would tantamount to pre-judging the matter before the said doctors are joined and are given opportunity to file their affidavit in reply. Thus, that part of the order clearly appears to be outside the jurisdiction of the learned Forum. We, therefore, set aside that part of the order keeping that question open for all parties to the complaint to agitate before the learned Forum at an appropriate point of time.

4. It will be open to the complainant to move an application if thought fit praying for condonation of delay in which case copy shall be served to all the opponents including the newly joined doctors and it will be open to the newly joined doctors as well as the opponents to contest such application. Such application shall be decided along with the main matter.

5. In the result, this revision application is partly allowed. Joining of aforesaid two doctors is permitted, whereas order with regard to condonation of delay is hereby set aside while directing the learned Forum to decide said question as and when it arises before it after the aforesaid two doctors file their affidavit in reply. Stay of further proceeding granted earlier will stand vacated.

Revision Application partly allowed.