Order  Date:  13.10.2022

Today is fixed for hearing of the M.A. Case being No. 80/2019.

Complainant files hazira.

M.A. case being No. 80/2019 is taken up for hearing and order.

Heard both sides. Ld. Advocate for the complainant raised objection.

OP Nos. 1 & 2 on 13.11.2019 has filed a petition supported  by an affidavit praying for fixing a date for hearing on the point of maintainability of the case on the ground that the OPs in their written statement has taken the plea of maintainability of the case before this Ld. Court . So, it is necessary to pass an appropriate order by fixing the date for hearing of the maintainability of the case.

Perused the case record including the Written Objection and the complaint.

It appears that the petition of the M.A. case does not disclose the ground of non-maintainability of the case, rather prayed for fixing a date of hearing on the maintainability point i.e. tantamount to adjournment petition and since from the date of filing on 13.11.2019 several adjournments have been given on this point.

Therefore, this petition has no more stability and if any point for maintainability of the case is  raised in the W/V as general defense, that should be considered at the time of disposal of the case.  Accordingly, the M. A. Case being No. 80/2019 is hereby rejected on contest.

Let a copy of this order be supplied to the parties on free of cost.