Order No.11

The case is running ex parte against OP no. 1 and 2 since 28.02.2020. The OP no.3 namely Raju Modak has passed away for which the Ld. Advocate appearing for the complainant files an application with prayer for expunction of his name on the ground stated therein. Copy of the petition is also filed. The said application is registered as MA being no.106/2022.

 The MA no. 106/2022 is taken up for hearing as there none to resist the prayer. After hearing the Ld. Advocate of the complainant and perusing the petition we find that Raju Modak has passed away leaving behind his son as his sole legal heir namely Debasish Modau and Debashish Modak has also passed away vide para 4 of the said MA.

The statement about the deaths of the legal heir of OP no. 3 has been made on affidavit for which it becomes acceptable. The prayer of expunction of the OP no. 3 as such calls for action. His name be expunged from the cause title of the complaint. The Ld. Advocate appearing for the complainant is directed to file amended complaint deleting the name of OP no. 3 by 19.07.2022.

The MA being no.106/2022 is thus disposed of.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and Corrected by

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT