Order No.       5                                                         Date 13/02/2019

      Both parties file hazira. Complainant files W/O against the petition dated 18/09/2018 filed by the O.p.no.1. The M.A. case is taken up for hearing of the application dated 18/09/2018 filed by the O.p. no.1 of complaint case no.126/2018. Perused the said petition, the W/O filed thereof and the case record of complaint case no.126/2018. Heard Ld. Lawyers of both sides. Considered.

     By filing the present petition dated 18/09/2018, the O.p. no.1 has prayed for dismissal of the complaint against O.p. no.1 on the ground that the complainant has failed to establish any cause of action against O.p. no.1 and to implead one Assist Consumer Solution Pvt. Ltd as a party in this case. It appears that the said objection raised by O.p. no.1 is a mixed question of law and facts and without taking any evidence, said objection cannot be properly considered. The petition dated 18/09/2018 is therefore mis-conceived and it is not maintainable at this stage and as such it is liable to be dismissed.

     Hence,   

                    it is,           

O   R   D   E   R   E   D         

that the application dated 18/09/2018 filed by the O.p. no.1 is dismissed on contest.

The M.A. case no.156/2018 is accordingly disposed off.

Dictated & corrected by me.  

President