HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This is to consider an application for addition of party under Order No. 1 Rule 10(2) of the Civil Procedure Code filed by the complainants.

2. Heard Learned Advocates appearing for both sides.

3. Perused the record including application for addition of party and its written objection thereto.

4. Learned Advocate appearing for the complainants submitted that the name of the complainant No. 2 Byasdev Singha Roy who was the constituted Attorney of Sonali Singha Roy and Debsona Sinha Roy by virtue of a special Power of Attorney executed by them on 24^th December, 2018, died on 12.01.2023 and whose name had been improperly joined in the cause title of the above noted complaint case being No. CC/5/2019, be struck out and the name of Debsona Sinha Roy, son of Late Byasdev Singha Roy ought to be added as the complainant No. 2.

5. He submitted that the presence of said Debsona Sinha Roy is necessary for effectively and completely adjudication of this case. So, the application should be allowed.

6. On the other hand, Learned Advocate appearing for the opposite party submitted that the I.A. Application being No. 632/2023 is defective in nature and cannot be allowed due to time bar.

7. He has further submitted that the constituted Attorney died on 12.01.2023 and the said application has been filed on 24.08.2023 which is after expiry of statutory period of 90 days. So, the application should not be allowed and should be dismissed.

8. Having heard the Learned Advocates appearing for the parties and on perusal of the materials on record it appears to me that one Byasdev, since deceased and his wife Sonali Singha Roy did not enter into an agreement dated 13.08.2022 with the opposite party for purchasing the case property. Subsequently, the said Byasdev Singha Roy, since deceased had nominated his son namely Debsona Sinha Roy by replacing himself in the said agreement and, accordingly, the name of the said Debsona Sinha Roy, incorporated in the said agreement.

9. It also appears to me that in the month of February, 2016 a tripartite agreement has been executed between the said Debsona Sinha Roy, opposite party India Bulls Housing Finance Limited for purchasing of the said case property. Subsequently, on 24^th January, 2018 Sonali and Debsona executed a special Power of Attorney in favour of the said Byasdev Singha Roy, since deceased to file the complaint case before this Commission.

10. I find that the name of said Byasdev Singha Roy, since deceased had been improperly joined in the present case as complainant No. 2 in place of the  name of Sri Debsona Sinha Roy.

11. Under this facts and circumstances, I think that the presence of said Debsona Sinha Roy is required for proper and effective adjudication of the present case.

12. Moreover, I think that the opposite party will not be prejudiced in any way, if the application is allowed.

13. In the result, the I.A. being No. 632/2023 is allowed.

14. Let the name of Byasdev Singha Roy be deleted from the cause title of the petition of complaint. In that place the name of Debsona Sinha Roy as mentioned in the schedule of the said petition be inserted as opposite party No. 3.

15. The petition is thus decided and disposed of accordingly.

16. Fix 31.07.2024 for filing amended version of the petition of complaint.

17. To date for filing reply by the opposite party and for filing Vakalatnama by the opposite party No. 3 Debsona Sinha Roy.