42...21.12.2021...

The Ld. Advocates for the complainants, O.P. Nos. 1, 3, 5 to 9 and 11 are present. The petitioners/complainants file petitions for substitution of O.P. Nos. 2 and 4 along with petition u/s 5 of the Limitation Act praying for condonation of delay. Let the application for substitution be registered as M.A. No. 28

The M.A. is taken up for hearing.

Perused the M.A. and the petition filed by the petitioners. The petitioners have prayed for substitution of O.P. Nos. 2 and 4 on the plea that the O.P. No. 2 died on 10.05.2021 leaving behind his wife Tanuja Khatun as his only heir and O.P. No. 4 died on 18.08.2020 leaving behind his only heirs namely his wife Sabina Khatun and his minor daughter Tania Laskar. The petitioners have filed petition u/s 5 of the Limitation Act praying for condonation of delay on the ground of pandemic situation due to Covid-19. It is urged that the period of limitation may be condoned due to pandemic situation. The Ld. Advocate for the O.P. Nos. 1 and 10 raises strong objection against the petitions.

Heard the Ld. Advocates of both sides.

On a careful consideration over the facts and circumstances and the pandemic situation, we are inclined to allow the prayer for substitution of O.P. Nos. 2 and 4. Let the names of heirs of O.P. Nos. 2 and 4 be substituted in place of O.P. Nos. 2 and 4 as O.P. Nos. 2(a) and 4(a) and 4(b).

Hence, the M.A. be allowed on contest but without cost. The complainants are to file amended complaint by 01.02.2022.