Order  No.12

       The Ld. Counsel for the complainant and Op 3 to 11 are present.

Though Mr. Arnab Dhar submitted Vokalatnama, on behalf of the Op 2 along with WV, but during pendency of this complaint Op 2 has expired. For this reason the complainant was directed to take necessary step for substitution. Accordingly the complainant has filed an application with copy to the other side. Let the application be registered as MA 20/2022.

This order is arising out of the MA 20/2022 filed by the complainant praying for substitution of the name of the Op 2, since deceased by his legal heirs.

It is mentioned in the application that during pendency of this complaint, Op 2 has expired on 23.10.2020 leaving behind his legal heirs namely Rekha Ghosh being the widow of the deceased and Smt. Soma Ghosh being the daughter of the deceased of the Op 2.

According to the complainant if this application is not allowed, he will suffer irreparable loss and injury and prayer is made by the complainant for allowing this application.

The Ld. Counsel for the Op 3 upon receipt of the copy of the application did not raised any objection.

Upon considering the content of the application in our view that as the Op 2 has expired during pendency of this complaint, until and unless the name of the successor of the deceased are incorporated in the cause title of the complaint, the complaint cannot be properly adjudicated upon. Accordingly application is filed today by the complainant should be allowed. Hence the MA being no. 20/2022 is thus disposed of.

The complainant is directed to submit the amended complaint showing the names of the successors in the cause title of the complaint.  

Fix 07.03.2022 for filing amended complaint.

let plain copy be given to the parties free of cost, as per CPR.