West Bengal

Birbhum

MA/10/2022

Nibbriti Kaibartya - Complainant(s)

Versus

Branch Manager, Reliance Life Insurance - Opp.Party(s)

27 Apr 2022

ORDER

Smt. Sukla Sengupta. President.    

Both the parties file hazira. Today is fixed for filing fresh steps on OP. However, the OP has already been appeared and filed vokalatnama. At this stage Ld. Advocate for complainant has filed a prayer for substitution filing a petition submitting inter alia that the complainant Nibbriti Kaibartya has already been expired on 23/09/2021 and in support of the submission he filed the death certificate of  Smt. Nibbriti Kaibartya from where it appears that she died on 23/09/2021.

At this stage Ld. Advocate for the complainant filed a petition with a prayer for substitution of legal hires namely 1. Naru Gopal Kaibartya, 2. Charan Kaibartya, 3. Minati Raut, of Vill and P.O. Gopalpur, P.S. Bolpur, Dist. Birbhum, Pin. 731204. Who are the legal years of the original complainant since deceased the present petitioners also filed a prayer to condone the delay U/S 5 of the limitation Act.

Perused the prayer under sec. 5 of the limitation Act. Heard both sides. No objection raised. It is the obligation of the Commission itself to see the limitation and on careful consideration of which it appears that there is delay of 120 days to file this petition of substitution and it is explained in the petition under sec. 5 that due to pandemic situation the present petitioners could not be able to make contact with the conducting Advocate which should be considered by the reasonable Commission.

Hence, the delay is condoned and the substitution petition filed by the petitioners named above be registered as M.A Case No. 10/2022. The petitioners being the legal years of the original complainant since deceased are intend to contest this case as added petitioners/complainants in the place of original complainant deceased Smt. Nibbriti Kaibartya. This Commission do not find any predicament to allow this petition.

 

 

 

 

On considering the facts and circumstances of this case and to give the fair chance to the present petitioners of the proceedings of this case, the prayer for substitution is considered and allowed.

Hence,

            Ordered,

                           That the instant M.A Case No. 10/2022 be and the same is allowed on contest without cost.

The M.A Case No. 10/2022 is thus disposed of.