Order No: 5                                                                                 Date:19/09/2023

Today is fixed for hearing of this M.A. Case which has been initiated in view of the application filed by the O.P. for dismissing the C.C. Case No. 312/2022 on the ground that this case is not maintainable.  This prayer has been opposed by the O.P. 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 O.P. of this M.A. Case that the O.P. No. 2 of Complaint Case died on 24.11.2019 and the complainant has filed the above noted C.C. Case against a dead person.

For the purpose of arriving at just and proper decision in respect of the above noted issue this District Commission after going through the material of this case record finds that the O.P. of above noted C.C. Case who is the applicant of this case filed a copy of death certificate wherefrom  it is revealed  that Kabita Singha who is the O.P. No. 2 of the C.C. Case No. 312/2022 expired on 24.11.2019 but the complainant  has instituted  the above noted C.C. Case being No. 312/2022 on 25.11.2022 against  said Kabita Singha who already expired on 24.11.2019.  This matter is clearly indicating  that the complainant  has filed the above noted C.C. Case against a dead person.  In other words  it can be said that the complainant  in spite of living in the same building has totally suppressed  the fact that death of O.P. No. 2 at the time of filing the above noted C.C. Case.  This is against the principle of law of equity.  So, the C.C. Case No. 312/2022 is liable to be dismissed.

In the result,

                   it is accordingly,

                                           O R D E R E D

That  the M.A. Case No. 46/2023 be and the same is allowed on contest.

It is held that the C.C. Case No. 312/2022 is found not maintainable as it has been filed against a dead person.

In the light of the observation made above this M.A. Case No. 46/2023 is disposed of .

Dictated & corrected by me.

President