This case record is taken up for consideration in the matter of passing order in this MA case which is initiated in view of the prayer of OP of CC-113/2023 on the ground that the above noted CC case is not maintainable.

This matter has been contested by the OP by filing written objection.

The argument highlighted by Ld. Advocates of both sides at the time of hearing on 20.12.2023 has been heard in full.

Perused the said petition filed by the applicant of this MA case who is the OP of above noted CC case on the ground that the CC case no.113 of 2023 is not maintainable on the ground that the CC-113/2023 is barred by limitation.  On the other hand, the OP of this MA case who is the complainant of the above noted C.C case has pointed out that this CC-113/2023 is maintainable as the cause of action has been continued.

For the purpose of arriving just and proper decision, this District Commission after going through the materials of this MA case as well as case record of CC case no.113/2023 finds that the agreement which is the basis of filing the CC-113/2023 has been cancelled by the complainant.  So on the basis of the cancelled agreement the complainant cannot file the any case.  Moreover, it is also revealed that the Op of the CC-113/2023 received money from the complainant but the said consideration money has been returned to the complainant by deducting 25% of the said amount as per clause 4 of the agreement executed in between the parties.  The complainant side has admitted the fact that they received the said amount from the OP.  Thus it is crystal clear  the basis of filing above noted CC case is no longer in existence.  So the CC-113/2023 is not maintainable either in the eye of law or on facts.

In this case the complainant has adopted the plea of defective construction of the property.  But fact remains that in order to substantiate the fact the complainant side has neither filed any prayer for expert examination nor for holding local inspection commission.  Moreover when the agreement has been cancelled by the complainant such plea of defective construction of the property cannot be adopted.

A cumulative consideration of the above noted discussion goes to show that the CC-113/2023 is not maintainable in its present form, fact and in the eye of law.

So the MA-73/2023 be and the same is allowed on contest.  It is held that the CC-113/2023 is not maintainable in its present form, fact and in the eye of law.

In the light of the observation made above this MA case is disposed of on contest.