Order No. 06

The Ld. Counsel for the complainant is present.

Today is fixed for adducing evidence by the complainants.

On 16.11.2021 the complainants have filed MA being no. 70/2021 praying for substitution of the name of the OP 3, since deceased, by his legal heir/s in the cause title of the complaint.

In the application it is stated by the complainants that the complainants came to know on 22.10.2021 from the other co-owners of the schedule mentioned property that one of the OP namely Vinod Kumar Mitra – OP 3 has expired during pendency of this complaint leaving behind his widow namely Smt. Rekha Gupta residing at 106/2A, Raja Rammohan Roy Sarani, Kolkata – 700019, P.S. – Amherst Street, District – Kolkata as the only legal heir, successor and legal representative of the OP 3.

According to the complainants until and unless the name of the widow of the OP 3 is incorporated in the cause title of the complaint, the complaint cannot be properly adjudicated upon. The complainants have stated that if this application is not allowed they will suffer irreparable loss and injury and accordingly prayer is made for allowing this application.

Upon careful consideration of the content of the application and hearing on the said application as advanced by the Ld. Counsel for the complainants in our view that as the OP 3 has expired during proceedings of the instant complaint, the legal heir/s of the said deceased is required to be incorporated in the cause title of the complaint. Accordingly the prayer of the complainants is hereby allowed.

The MA being no. 70 of 2021 is hereby allowed without any cost.

The complainants are directed to file amended complaint showing incorporation of the name of the legal representative, legal heir of the OP 3, since deceased in the cause title of the amended complaint.

Fix 11.01.2022 for filing amended complaint by the complainants.

Let plain copy be given to the parties free of cost as per C.P.R. 

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER