Today is fixed for hearing of the MA/62/2022 of OP 6 namely Manika Saha. She has sought for expunction of her name from this complaint case by filing aforesaid application.
The Ld. Advocate of the applicant is present. But none appears on behalf of the complainant.
After hearing the Ld. Advocate of the applicant (OP 6) we see that the ground taken by Op 6 in support of her prayer for expunction of her name is that she is not a necessary party in this case and no cause of action has been shown as against OP 6. It is in the complaint that there was an agreement basing upon which OP 6 has been dragged into this case. But the said agreement is admittedly undated and it does not bear the signature of the OP 6.
After perusing the material available on record in the light of the aforesaid application being No. 62/2022 we find that although no cause of action or case has been set out as against OP 6 relief has been claimed by the complainant as against all the Ops including OP 6.
Such being the position, we opine that for ad-judication of the case the presence of the OP 6 is not necessary.
Therefore, the expunction of her name is allowed.
The complainant is directed to file amended complaint expunging the name of the OP 6 from the cause title of the complaint.
24.08.2022 is fixed for filing amended complaint.
The MA being No. 62/2022 is disposed of.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT