Order No.  10  dated  18/07/2014

Record is put up for order in respect of the petition dt.4.4.14 filed by o.ps. We have gone through the petition and perused the materials on record and we find that the money suit was filed against the complainant before the Ld. 6^th Bench City Civil Court, Kolkata being money suit no.503 of 2011. Complainant has filed the certified copy of that case from which we have come to know that the said case was dismissed for default on 19.12.13. So, no case is pending at this stage before any court of law.

            But we find that the loan agreement was executed between the complainant i.e. Nikhil Chandra Karmakar along with Alo Karmakar with the o.ps. But the instant case has been filed by Nikhil Chandra Karmakar alone. As such, the case suffers from non-joinder of parties which is fatal.

            In view of the above findings, the instant case stands dismissed on contest.