Order No. 12

Ld. Advocate of the petitioner/complainant is present.

The instant Misc. Case is taken up for hearing.

Heard the Ld. Advocate of the complainant.

By application dated 27.06.2023 under Order 22 Rule 4 C.P.C., petitioner/complainant as prayed for bringing the legal heirs of deceased, Shri Shyamal Bagui being O.P. 3 of CC/61/2022.

On a close scrutiny of the materials on record of CC/61/2022, it appears from the photocopy of Death Certificate in respect of O.P. 3 showing that he died on 03.07.2014.

However, be that as it may, on 12.08.2022, an order has been passed in CC/61/2022 by this Commission directing the complainant to take steps, but after long time, petitioner/complainant filed the instant Misc. Case on 27.06.2023.

Obviously, the said application is filed beyond limitation period even if we consider the date of knowledge of petitioner/complainant starts from 12.08.2022 when complainant/petitioner was directed to take steps because of death of O.P. 3. Not only that it goes to show that O.P. 3 (Shyamal Bagui) of CC/61/2022 died on 03.07.2014 and the complaint case has been initiated by the complainant on 15.03.2022. So it is palpably clear that complainant instituted the CC/61/2022 against death person (Shyamal Bagui).

So in all fairness, the prayer of the petitioner/complainant stands rejected and the instant Misc. Case is disposed of accordingly.

Dictated and corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT