Order no. 4 , dt. 31.7.2023

This case record is taken up for consideration for the purpose of passing order in respect of the prayer submitted by op of this case for setting aside the order of ex parte hearing.

This matter has been contested by complainant/op of this MA case but has not filed any separate written objection.

The argument highlighted by ld. Advocates of both sides has been heard in full.  Considered submission.

It is the main point of contention of the applicant of the MA case that the applicant who is the op of C.C.case no.82/2019 has been contesting the said C.C case by filing w/v but due to non-taking of steps on 7.2.2023, this case has been fixed for ex parte hearing.

On the other hand ld. Advocate for the op of this MA case pointed out that the applicant of this MA case in C.C.case no. has not filed any evidence on affidavit as per direction of this district commission and so this district commission has rightly fixed ex parte hearing of this case.  As per submission of the ld. Advocate of op of this MA case at the argument stage of C.C.case the applicant of this MA case who is the op of C.C.case no.82/2019 has filed the petition for setting aside ex parte order.

For the purpose of arriving at just and proper decision in this MA case this district commission finds that the op of C.C case 82/2019 who is applicant of this MA case has been given opportunity of filing evidence on affidavit since 18.8.2022.  But fact remains that the op of C.C.case who is the applicant of this MA case instead of filing evidence on affidavit, has filed three applications for conducting local inspection commission and other commission works.  This approach on the part of the op of above noted C.C.case (who is the applicant of MA case ) is nothing but to cause delay in the matter of disposal of this 5 years’ old case.  This practice of the op of above noted C.C.case who is the applicant of this MA case cannot be encouraged. 

Considering all the above noted factors the prayer of the applicant of this MA case for setting aside ex parte order is rejected on contest.  Thus the MA case no.54/2023 is also dismissed on contest.

No order is passed as to cost.