Order No:04                                                                                                   Date:28 /03/2024

This case record is taken up for consideration in the matter of passing order in respect of this MA application which has been filed by the OPs on the ground of maintainability of CC Case No. 148/2023 .  This prayer has been contested by the OP by filing W/O.  The argument highlighted by Ld. Advocates of both sides has been heard in full.  Considered submission.

Perused the MA application.  Examined the W/O  filed by OP of this MA Case.

It is the main point of contention and argument of the applicant of this MA Case who is the OP of above noted CC case is that the CC Case No. 148/2023 is not maintainable as the complainant  has no cause of action for filing this case and the complaint case is barred by limitation.  In support of this point of contention the OPs have filed series of case laws and legal provisions.

On the other hand it is the main point of submission of the OP of this MA Case who is the complainant of above noted CC Case is that the complainant has already paid  advance money of Rs. 2,06,259/- to the OPs of the above noted CC Case and the OP of the above noted CC Case has filed  this MA application to grab the amount of Rs. 2,06,259/- which cannot be entertained  by this District Commission .

For the purpose of arriving at just and proper decision in this case  this District Commission  on close scrutiny of the material of this case record as well as  case record of CC Case No. 148/2023 finds that the mixed question of law and fact is deeply involved in respect of the issues for which the OP has described the complaint case as not maintainable .

In order to arrive at just and proper decision in respect of a mixed question of law and fact  there is necessity of recording evidence.

After going through the material of this case record of CC Case No. 148/2023 this District Commission finds that this complaint case  is pending  at this stage of recording evidence and the complainant side  has already filed evidence on affidavit  and  against the said evidence on affidavit the OPs also have filed questionnaires.  This factor is clearly reflecting that this complaint case is on the verge of disposal.  So, the question of maintainability which has been raised by OP of this complaint case can be heard alongwith the trial of this Complaint Case No. 148/2023.

So, this District Commission is not at all inclined to the decide fate of above noted complaint case only on the basis of two issues.  So, it would be better to hear the maintainability point alongwith the trial of the above noted CC Case.

Thus, the case record  of MA Case No. 113/2023 be tagged with the case record of CC Case No. 148/2023 and this case is to be disposed of after conclusion  of the trial of CC Case No. 148/2023.

In the light of the observation made above the MA Case No. 113/2023 is disposed of at this stage.

Dictated & corrected by me

President