The record is taken up today for order.
Perused the instant petition and relevant portion of record CC/467/2022.
It appears that notice was issued upon the OP 2 Pronab Kundu and track report shows that he is dead.
The Complainant after knowing the same is in fact willing to bring the legal heirs and representatives of the deceased OP namely 1) Jaya Kundu, wife of Late Pronab Kundu. 2) Pritam Kundu, son of Late Pronab Kundu. Both are residing at 259//A, S.K Deb Road, P.O- Sreebhumi, P.S- Lake Town, Kolkata-700048, Dist-North 24 Parganas, W.B. on record to get relief in the case. Had it been known to the Complainant about the death of Op 2 Pronab Kundu,, certainly, he could have filed the case against 1) Jaya Kundu, wife of Late Pronab Kundu. And 2) Pritam Kundu, son of Late Pronab Kundu, now deceased the legal heirs and representatives of the deceased.
In such circumstances, for the ends of Justice the instant petition is allowed without cost,
- Jaya Kundu, wife of Late Pronab Kundu, now deceased
- Pritam Kundu. son of Late Pronab Kundu, now deceased.
Both are residing at 259//A, S.K Deb Road, P.O- Sreebhumi, P.S- Lake Town, Kolkata-700048, Dist-North 24 Parganas, W.B.
be substituted in place of OP 2 pronab kundu as prayed for.
Expunge the name of the OP 2 Pronab Kundu from the cause title of the complaint as prayed for.
Amend the complaint and register accordingly.
Complainant to file amended complaint by 10.10.2023.
The MA case being no. 177/2023 is thus disposed of accordingly.
Let copy of this order be given to the parties free of cost.
Dictated and corrected by
[HON'BLE MR. Gurudas Guin]
PRESIDING MEMBER
