Order no.9  , dt.11.4.2023

This case record is taken up for consideration in the matter of passing order in respect of the petition filed by OPs of complaint case no.182 of 2022 on the ground that this case is not maintainable.

The above noted prayer of the OPs of C.C. case no.182/2022 who are the applicants of this M.A case, has been decided and / are opposed by the complainants of the above noted C.C. case who are the OPs of this M.A case by filing 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 and argument of the applicants of this M.A case that the C.C.case no.182 / 2022 is not maintainable as it is barred  by the provisions of law, barred by limitation and as the OP-1 firm has been dissolved.  In support of the point of contention the applicant side has drawn the attention of this district commission to one public notice which has been circulated in the matter of dissolution of OP-1 firm.  It is also pointed out that civil case is pending at Serampur court, Hooghly.

On the other hand the OPs of this M.A case in course of argument as well as in the written objection pointed out that there is cause of action for filing the above noted C.C.case no.182/2022 and the said cause of action has been continued since 21.11.2013 and the complainants are in possession of the suit property and they have been enjoying the said possession by residing in the flats and also by installation of the electricity.  It is argued that the complainants have paid a good amount of consideration money at the time of purchase of the said flats.  By drawing the attention of some deed of conveyance Ld. Advocate for the OPs of this M.A case submitted that even after the dissolution of the OP-1 firm, they have sold the properties / or flats of the said apartment.

For the purpose of arriving at the just and proper decision in respect of the M.A case there is urgent necessity of scanning the material of C.C. case no.182/2022 as because this instant M.A case has been cropped up from the above noted C.C.case.  It appears from the case record of C.C.case no.182 / 2022 that the said case already have arrived at the stage of getting evidence on affidavits of the parties.  Moreover, the questions highlighted in this M.A case are mixed question of law and fact and so for the purpose of deciding fate of the questions there is urgent need of getting of evidence (oral and documentary).  More so the documents which have been relied by the parties at the time of final hearing of this M.A Case are to be placed as evidence.  Instead of getting evidence, it is very difficult to decide the fate of this M.A case. 

So let this M.A case be heard alongwith the C.C. case no.182 of 2022.

In the light of observation made above this M.A case no.78/2022 be disposed of at this stage.  Fix 8.5.2023 for filing evidence on affidavit by the complainant in C.c.case no.182/2022.

Let the case record of M.A case no.78/2022 be tagged with the case record of C.C. case no.182/2022.