Order No:06                                                                                                   Date:04 /03/2024

Today is fixed for hearing of this MA Case,  W/ O if any in the meantime.

Ld. Advocates of both sides are found present and ready. 

Heard both sides.  Considered submission.

    Perused  the MA application which has been filed by the complainant for dismissing  this instant MA Case on the ground that this case has been filed against the dead person (Rajesh Singh, OP  No.1)  This matter has been contested by OP Nos. 2 & 3  by filing W/O.

After going through the material of this case record and also after making scrutiny  of the material of CC Case No. 286/2021 this District Commission finds that there is no dispute over the issue that Rajesh Singh (OP No. 1) expired on 04.12.2018 which is well before the filing of the Complaint Case No. 286/2021 

So, it is crystal clear  that this Complaint Case has been filed against a dead person.  It is also revealed from the document which is filed by the applicant side  it is reflected that this District Commission has been pleased to dismiss the CC Case No. 285 of 2021 on the ground that the OP Rajesh Singh expired before filing of the said  Case No. 285 of 2021.  The principle adopted by this District Commission  in C.C. Case No. 285 of 2021 is also applicable  in this instant case.  As the complaint petition  has been filed  by the complainant against a dead person, the Complaint Case No. 286/2021 is not maintainable.  So, this MA Case No. 64/2023 is allowed on contest.  It is held that this CC Case No. 286/2021 is found not maintainable as the said Complaint Case has been  filed by the complainant against a dead person knowingly.

In the light of the observation made above  this MA Case is disposed of.

Let the case record of this MA Case be tagged with the CC Case No. 286/2021.

Dictated & corrected by me

President