This M.A. case has been initiated by Op nos. 4 and 5 for setting aside the order of ex parte hearing which is passed in C.C. case no. 172 of 2022.

Over this issue heard both sides. Considered submission.

It is admitted fact that the complainant/ op has not filed any W/O against the M.A. case. Moreover it is admitted fact that the op nos. 4 and 5 has already filed the W/V but it has been filed after the expiry of schedule time limit of 45 days. In this regard the applicant/ op nos. 4 and 5 has given explanation for not filing the W/V in time.

It is revealed that op nos. 4 and 5 are necessary parties and in the absence of op nos. 4 and 5 there is no scope for just and proper determination of this C.C. case no. 172 of 2022. In view of this position and for the interest of proper and complete adjudication of C.C. case no. 172 of 2022, this District Commission is of the view that the prayer of the applicants who are the op nos. 4 and 5 of the above  noted C.C. case for setting aside ex parte order can be allowed on contest but at the cost of Rs. 500/- payable to the complainant.

In the result it is accordingly ordered that this M.A. case no. 21 of 2023 be and the same is allowed on contest. The order of ex parte hearing of C.C. case no. 172 of 2022 against op nos. 4 and 5 is set aside at the cost of Rs. 500/- payable to the op/ complainant.

After payment of cost W/V is to be accepted.

Let the case record of M.A. case no. 21 of 2023 be tagged with the C.C. case no. 172 of 2022.