This case record is taken up for consideration for passing order in respect of the petition filed by the applicants / OPs of C.C. case no.177 of 2022 on the pretext that the C.C. case no.177 of 2022 is not maintainable and so the said case is required to be dismissed against OP no.1 and 2 of the above noted C.C. case.

This matter is contested by the complainant/OP by filing W/O.

The argument highlighted by the applicant/ ops of above noted C.C. case and complainant who is the ops of this M.A. case at length.

It is the main point of contention of argument of the applicant of that this case is barred by limitation as the C.C. case no. 177 of 2022 has been filed long after the execution of the agreement of sale. It is also alleged that the complainant has no cause of action to file this case. On the other hand, the complainant of C.C. case no. 177 of 2022  denied the above noted point of contention and highlighted that the cause of action continued as the ops have not performed their duties and there was deficiency of service on the part of the ops. For the few reason ld. Advocate for the complainant of above noted C.C. case who are the ops of this M.A. case submitted that this case is maintainable and this M.A. case has required to the dismissed.

For the purpose of arriving at just and proper decision over the above noted issue this District Commission after going through the materials of this case record finds that the ops of the C. C. case have already filed their W/V where the above noted points have been alleged.

Moreover, the cause of action is determined on the basis of the  bundle of facts and just only on the preliminary stage of the C. C. Case it is not possible to determined whether there is actual cause of action or not? For the determination of the issue there is necessity of getting evidence. This case is ready for getting evidence on affidavit of both sides. Thus, after getting evidence on affidavit of both sides and hearing argument of the parties this District Commission can disposed of this issue in near future if the above noted issues are decided at this stage without recording any evidence it would be predetermined and preadjudicated which is not desirable for the interest of proper and complete adjudication of this case.

Considering  all the above noted factors the M.A. case no. 72 of 2022 be and the same is dismissed on contest at this stage.

Let this case record be tagged with the C.C. case no. 177 of 2022.