Dtd.06.06.2024                                            A/2023/2023

O R D E R

            BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by OP/Appellant aggrieved by the order dtd.12.10.2023 passed in CC/88/2023 on the file of 2^nd Addl., District Commission, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.

3. In a pending complaint filed by the Complainant/Respondent against OP/Appellant, an application came to be filed at the instance of Complainant U/o 6 Rule 17 of CPC “to add Aishwarya Samskruthi Owners Welfare Association represented by its Secretary as Complainant and to delete Aishwarya Samskruthi Owners Welfare Association represented by its President” which is strongly objected by OP by filing objections to the said IA. On the ground amendment proposed under IA is not permissible under law, since President has no authority to file the present complaint and now by adding as proposed is represented by its Secretary, would change the entire nature of the complaint was not considered by the District Commission. Learned counsel for Appellant would submit amendment sought for is to cure fundamental defect which could not be allowed. In our view facts remain as per bye laws of the Complainant, the Secretary alone is to sue or to be sued was rightly considered by the District Commission, while passing the impugned order, since by addition or deletion as proposed in the IA, would not cause any prejudice to OP and it would not change the nature of the complaint. In such view of the matter Commission proceed to dismiss the appeal with no order as to cost.

4. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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