West Bengal

Burdwan

MA/86/2022

Mr.Narayan Biswas.S/O. LT.Durgadas Biswas - Complainant(s)

Versus

Mr.Ajay Mukherjee S/O-It.Sasanka Sekhar Mukherjee. - Opp.Party(s)

12 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/86/2022
( Date of Filing : 10 Nov 2022 )
In
Complaint Case No. CC/143/2022
 
1. Mr.Narayan Biswas.S/O. LT.Durgadas Biswas
Burdwan
...........Appellant(s)
Versus
1. Mr.Ajay Mukherjee S/O-It.Sasanka Sekhar Mukherjee.
Burdwan
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. MD. Muizzuddeen PRESIDENT
 HON'BLE MRS. Lipika Ghosh MEMBER
 
PRESENT:
 
Dated : 12 May 2023
Final Order / Judgement

      Order Date:  10.04.2023

 

Today is fixed for hearing of the M.A. case being No. 86/2022 and objection, if any, by the OP in the mean time.

Both sides  file s through the Ld. Advocates.

M.A. case being No. 86/2022 is taken up for hearing and order.

The OP has filed W/O.  Copy served.

Heard the Ld. Advocates of both sides in full.

Perused the complaint as well as the petition for Amendment and W/O.

The complainant, on 10.11.2022 has filed a petition supported by an affidavit , praying for amendment of the complaint by inserting a new paragraph as 2(a)  before Paragraph No.3 and paragraph No. 5(b) after the paragraph No.5 of the complaint.

The OP raised objection on the grounds that the proposed amendments are not formal and is done only to assert false and fabricated averments in the original complaint.

On perusal of the complaint and the amendment sought for, it appears that the complainant wants to insert two facts in two paragraphs in the complaint, which cannot change the nature and character of the case at all and those are necessary to try the real dispute in issue.

Accordingly, the amendment as sought for is considered and allowed.

Let the complaint be amended.

Amend the complaint and the register accordingly.

The complainant is directed to file amended complaint by the date fixed  and after receiving the amended complaint, the OP is at liberty to file additional W/V , if any.

M.A. case being No. 86/2022 is thus disposed of.

To 12.05 .2023 for filing amended complaint by the complainant and filing additional W/v, if any, by the OP.

 

 
 
[HON'BLE MR. MD. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Lipika Ghosh]
MEMBER
 

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