Order No:   5                                                                                  Date:07/12/2022

       Petitioner files hazira. O.p. files hazira. Today is fixed for order. Record is taken up for order. By an application invoking section 24(a) of C.P. Act, 1986 couple with provision of Section 2(d) of the C.P. Act, 1986 petitioner/O.p. has prayed for non-maintainability of the case No.CC/20/2022.

It may be noted that on the last date i.e. on 24/11/2022 a full fledged hearing was heard advanced by the Ld. Counsel of both sides, even they placed their reliance on two different decisions of each of the parties.

Further it may be noted that elaborate discussion on the factual aspect as well as on the law point relating to this case in our view is absolutely redundant in as much as on the face of the application for non-maintainability invoked by the petitioner/O.p. quoting under provisions under C.P. Act, 1986 which has completely been repealed whereas case No.CC/20/2022 has been filed by O.ps./complainants on 21/01/2022 under the provision of C.P. Act, 2019.

Obviously in as much as we are clear of the view that instant M.A. case is liable to be rejected only because petitioner/O.p. invoked the provisions under C.P. Act, 1986 which has already been repealed.

Further it may be noted that original C.C. case No.CC/20/2022 has been registered on 21/01/2022 under the provisions of C.P. Act, 2019. In view of the above discussion it will be a fruitless effort on our part if we postmortem the total episode on the point of maintainability of the case because it is the petitioner/O.p. who struck down heavily at the very root of the foundation of his application on the point of non-maintainability of the C.C. case No.CC/20/2022.

Therefore, in all fairness the instant M.A. case is liable to be dismissed. Accordingly we do that.

Dictated & corrected by me.  

President