Order No: 16 Date: 25 /07/2024
Today is fixed for passing order of this MA Case which has been filed by the OPs on the ground that the Complaint Case No. 196/2020 is not maintainable. This matter has been contested by the OP of this MA Case who is the complainant of Complaint Case No. 196/2020 by filing W/O.
The argument highlighted by Ld. Advocates of both sides has been heard in full. Considered submission.
Perused the MA application and the W/O.
For the purpose of arriving at just and proper decision in respect of deciding the fate of the above noted MA Case, there is urgent necessity of scanning the material of this case record of MA Case No. 02/2021 and also of the case record of Complaint Case No. 196/2020.
After going through the material of the case records this District Commission finds that the OPs already have filed W/V in this case on 5th February, 2021. It indicates that this case is ready for starting trial of this case.
Moreover, the questions highlighted in the MA Case are related with the fact of recording evidence. In other words, it can be said that some of the grounds which have been adopted by the applicant of this MA Case can only be decided after recording evidence of both sides.
Considering all the above noted factors this District Commission is of the view that it would be just and proper to hear point of maintainability which has been raised in the above noted MA Case alongwith the trial of Complaint Case No. 196/2020.
In the light of the observation made above the MA Case No. 02/2021 be and the same is disposed of with the observation that the point of maintainability is to be heard alongwith the trial of Complaint Case No. 196/2020.
No order is passed as to cost.
Let the case record of MA Case No. 02/2021 be tagged with the case record of Complaint Case No. 196/2020.
Dictated & corrected by me
President