Order No. 12

07.06.2022

Today is fixed for hearing of M.A. case being No. 17/2022 dated 08.04.2022 and objection, if any, in the meantime.

Complainant files hazira through Ld. Advocate.  OP No.2 did not take any step. On calls, none appears on his behalf. But the OP No.1 has filed two separate petitions with verification, one for taking off the case from ex parte board and another for acceptance of written version filed this day.

Heard both sides. Perused the case record and W/V. The W/V filed by the OP No.1 has been accepted except the pleadings of law.

Member                                                                                President

D.C.D.R.C., Purba Bardhaman                           D.C.D.R.C., Purba Bardhaman

M.A. Case  No.  17/2022

Later:-       Order No. 13                                                              Date: 07.06.2022.

On repeated calls, none appeared on behalf of OP No.2 who has filed M.A. case being No. 17/2022. Ld. Advocate for the complainant raised strong objection and submitted that the OP No.2 is the proper and necessary party in this case as because wrongly disputed amount of money has been credited in the account of OP No.2 by the OP No.1, which ought to have been credited in the account of the complainant.

Under the above circumstances, the OP No.2 is the necessary party in this case.

Apart from it, none came to move the said case on behalf of OP No.2. Under the above facts and circumstances we find no merit in the M.A. case being No. 17/2022 filed by the OP No.2.

Hence, it is ordered that the M.A. case being No. 17/2022 is hereby rejected.

The OP No.2 did not file any W/V though he appeared on 21.02.2022.

Accordingly, the case do proceed ex parte against the OP No.2. Let the case be fixed for evidence on the side of the complainant.

To 22.08.2022 for filing evidence-on-affidavit by the complainant.