Order No.06
The complainant and Op 3, 4 and 5 are present through their respective Ld. Advocates.
Today the complainant is intending to file an application praying for substitution of the name of the Op 2 namely Sangeeta Das who has expired during pendency of this complaint. The petition is received by the Op 3, 4and 5. Let it be registered as MA 22/2022.
This order is arising out of MA being no. 22/2022 filed by the complainant praying for substitution of the name of the Op 2 by her legal heirs on the ground that the Op 2 has expired during pendency of this complaint.
According to the complainant, if this substitution petition is not allowed, the complainant will suffer irreparable loss and injury and prayer is made by allowing this complaint.
Upon receipt of the said application, Op 3, 4 and 5 do not raise any objection on the ground that according to the said Ops as the substitution is necessary and mandatory in accordance with Law. The said Ops have stated that he has no objection if the Ld. Commission will allow the substitution petition filed by the complainant today.
Upon careful perusal of the content of the said application it is seen that as the Op 2 has expired during pendency of this complaint, until and unless the name of the Op 2 is substituted by her legal heirs, the complaint cannot be properly adjudicated upon. Therefore the prayer as made out by the complainant should be allowed. Hence the MA 22/2022 is thus disposed of.
The complainant is directed to file amended complaint by the next date i.e. 08.03.2022.
Let plain copy be given to the parties free of cost, as per CPR.