Order  No. 08

The Complainant, Op 5  and 2 are present through their respective Ld. Advocates.

            Today the Op 2 has filed WV with copy to the other side.

            Today is also fixed for taking necessary steps by the Complainant in respect of Op 4. An application has filed by the Complainant praying for substitution of the name of the Op 4 by his legal heirs. The application is registered as MA 32/2021 .

            The complainant filed a copy of death certificate of the deceased. From the document it is revealed that on 15.10.2020 the Op 4 had expire leaving behind his two legal heirs namely Mr. Ayan Chowdhuri and Mr. Arpan Chowdhuri. After the death of the Op 4, the Complainant is inclined to substitute the name of the deceased in the cause title by incorporating the names of the two sons of the deceased in accordance with Law. Upon hearing the application in our view until and unless the substitution petition is allowed the Complaint cannot be properly adjudicated upon. Hence, the MA being no. 32/2021 has some merit and it is allowed.

            The Complainant is directed to file amended Complaint on the next date i.e. 12.04.2021.

            The Complainant has served the copy of the application praying for substitution of the names of the legal heirs of the Op 4 to the Op 2 and 5.

            Fix 12.04.2021 for filing amended complaint showing substitution of the names of the legal heirs of the deceased in the cause title of the Complaint.