Plaints/complaints should not be dismissed for non-joinder of necessary/proper parties without first affording the opportunity to the plaintiff/complainant to include such party as the respondent.

Mr. Justice M.A.A. Khan, President—Heard. This revision petition is treated as an appeal under Section 15 of the C.P. Act, 1986.

2. The Forum has dismissed the complaint of the appellant on the short ground of non-joinder of necessary/proper parties to the complaint. The appellant had become a member of sales promotion scheme promulgated by M/s. Castrol India Ltd., the respondent, through their agent Harsh Automobiles, Bhilwara. Under the scheme, in the event of winning the prize, he was entitled to prize of a scooter. Although he became entitled to such prize, as is his case, the respondent declined to deliver the prize to him. The appellant filed complaint against M/s. Castrol India Ltd. without making M/s. Harsh Automobiles, Bhilwara as party to the complaint. The Forum held that M/s. Harsh Automobiles, Bhilwara was a necessary party to the complaint to decide the issues between the parties justly and rightly. The Forum accordingly dismissed the complaint. It was urged by the learned Counsel for the appellant that before making the impugned order the Forum did not provide an opportunity to the appellant to array M/s. Harsh Automobiles, Bhilwara as an opposite party to the complaint. It is settled law that plaints/complaints should not be dismissed for non-joinder of necessary/proper parties, without first affording opportunity to the plaintiff/complainant to array such party as the respondent to the plaint/complaint. The Forum should have required the appellant to array M/s. Harsh Automobiles, Bhilwara as an opposite party to the complaint.

3. In view of the above the impugned order is set aside and the case sent back to the Forum with the direction that it would allow an opportunity to the appellant to array M/s. Harsh Automobiles, Bhilwara as a opposite party to this complaint. Appellant to appear before the Forum on 30.1.2004.

Appeal disposed of.

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