Order Date:  06.03.2023

Today is fixed for hearing the M.A. case being No. 37/2022.

Complainant files hazira through the Ld. Advocate.

In spite of having received of the notice, the OP did not turn up on 06.01.2023. Today he is also not appeared.

The M.A. case being No. 37/2022 is taken up for hearing and order.

Heard the Ld. Advocate for the complainant. Perused the complaint, case record and the petition u/S 69(2) of C.P. Act 2019 supported by an affidavit praying for condonation of delay in lodging the complaint.

It appears that the case has been lodged on 31.05.2022.  Though the cause of action firstly arose on 27.05.2019 and finally on 15.11.2019. But the Ld. Advocate for the complainant has mentioned in the petition that as per Suo Motu Writ Petition (C) No. 3 of 2020 of the Supreme Court, he has entitled to get the period for filing the case from 15.03.2020 to 28.02.2022 for the purpose of limitation and in view of this, if the cause of action lastly arose on 15.11.2019 then the case ought to have been filed on or before 15.11.2020, which has already been exempted in view of the order of the Hon’ble Supreme Court. That is why the Ld. Advocate for the complainant submitted that actually there is no delay in lodging the complaint and however he has lodged this petition  to wash out any question if arise subsequently.

Under the above facts and circumstances, we are of opinion that there is no such delay for condoning the same.

However as the complainant prayed for condonation of delay of 197 days, the said prayer is allowed.

Hence, this M.A. case is thus disposed of. 

Let a copy of this order be given to the parties on free of cost.

Dictated and corrected by me.

                     President

D.C.D.R.C., Purba Bardhaman

                   Member                                                             Member                                   President

D.C.D.R.C., Purba Bardhaman          D.C.D.R.C. Purba Bardhaman             D.C.D.R.C., Purba Bardhaman