Order no. 14, dt. 25.8.2021:

Both sides are present on call by respective advocates.

One hazira files by Jashoda Koley, mother of deceased complainant Amit Koley. One photo copy of agreement paper filed by Ld. Advocate on behalf of the complainant dated 18.8.2021.

Opposite party no. 1 files agent hazira.  Opposite party no. 2 is absent without steps. 

One petition filed by the mother of the Complainant Jashoda Koley.

Today is fixed for hearing the petition filed on behalf of the complainant dated 15/02/2021.

 Heard the Ld. Advocate on behalf of the complainant and perused the case record and documents.  It appears that the complainant namely Amit Koley died on 22/01/2021, photo copy of death certificate issued by Sub-Registrar of Birth & Death Chanditala Gram Panchayat, Chanditala Block-II is in the case record. 

The petition dated 15/02/2021 speaks that due to death of complainant Amit Koley his mother Jashoda Koley want to substitute the deceased complainant as there is no other legal heirs of deceased Amit Koley.

Ld. Advocate on behalf of the opposite party no. 1 raised no objection. 

Hearing both sides and perusing the case record this Commission is in the opinion that the petition dated 15.02.2021 has sufficient force & the same is corroborated by relevant document. So the petition to substitute the deceased complainant ought to be allowed. As such the cause title of complaint case be amended. The name of the complainant be substituted by Jashoda Koley. Bench clerk is directed to insert the name Jashoda Koley in the place of Amit Koley.

 The substituted Jashoda Koley files another petition by affidavit stating that the dispute has been settled, out of this Commission amicably so the newly inserted complainant is not interested to proceed with the case and prayed to drop the case as it is.

Perused the case record and documents chiefly the photocopy of agreement dated 18.08.2021 & hearing the Ld. Advocates this commission may not case impediment at the pious act of the parties. As such the petition of the complainant dated 25.8.2021 has sufficient merit & it is deserved to be allowed.

Hence it is ordered that the Complaint case being No.07 of 2019 be & the same is dismissed due to non prosecution.