This case record is taken up for consideration for passing order in respect of the application filed by the OP of CC-11/2022 on the ground that the above noted C.C. case is not maintainable. 

This MA case has been contested by the Ops of this MA case who is the complainant of C.C. case no.11/2022.

Heard ld. Advocate of both sides considered submission.  Perused the application filed by the applicants on the ground that the C.C-11/22 is not maintainable.  Also examine the written objection filed by the OP.

It is the main point of contention of the OP-3 of C.C.-11/22 that above noted C.C case has been filed by suppressing the provisions of section 269 SS of Income Tax Act and the above noted C.C. case is that for non-joinder of parties.

On the other hand, it is the submission of the Ops of this MA case that the petition filed by the applicant of this MA case is not maintainable and so it is liable to be rejected. 

After going through the material of this case record MA case no.12/23 as well as the case record of C.C-11/22, this district commission finds the Ops also have filed written version and this CC case is pending at this stage of recording evidence.  The complainant side has already filed evidence on affidavit and next date has been fixed for filing evidence on affidavit by OP-3.  All these factors are indicating that this case is on the verge of contested disposal after full recording of evidence and so the point of maintainability which has been raised by OP in CC-11/22 can be heard alongwith the trial of CC-11/22.

So let the application filed by theOP-3 on the ground that the C.C. case no.11/2022 is not maintainable is to be heard alongwith the trial of CC-11/22.

In the light of the observation made above the MA case no.12/23 is disposed of and the case record be tagged with the case record of CC case no.11/22.