Order no.4  , dt. 20.02.2024

This case record is taken up for consideration in the matter of passing order in respect of this MA case which has been filed by the Op of CC-132/2023 for setting aside the ex parte order which has been passed by this District Commission on 3.10.2023.

This matter has been contested by the OP of this MA case who is the complainant of above noted CC case by filing written objection.

Heard argument of both sides.  Considered submission.

Perused the MA application which is filed by the applicant of this MA case and also examined the written objection filed by OP of this MA case.

It is the main point of contention and argument of the applicant side that the applicant has already filed the w/v and intends to contest this case and so the prayer of the applicant side is required to be allowed.

On the other hand, the OP of the MA case pointed out that this MA case is not maintainable and the w/v which has been filed by OP of CC-132/23 is well after 45 days and so it cannot be accepted.

For the purpose of arriving at just and proper decision, this necessity of making scrutiny of the materials of this case record.  After going through the material of this case record and also after examining the material of CC-132/23 this District Commission finds that the order of ex parte hearing has been passed on 3.10.2023 by this District Commission in CC-132/23.  But fact remains that this MA case has been filed on 12.12.2023 which is well after one month.  There is no explanation of delay for delayed filing of the w/v.  So it is crystal clear that this MA case is barred by limitation.

In the result, it is accordingly,

                                                            Ordered

that this MA case being no.101/2023 be and the same is dismissed on contest.

No order is passed as to cost.

Let the case record of this MA case be tagged with the case record of CC-132/2023.