Order No. 1 Date : 09.04.2018
Today is fixed for hearing a petition files by the complainant to expunge name of Smt. Gita Kar/o.p. no. 1 files by complainant on 16.01.2018.
Let this petition be registered as M.A. case no. 68/2018.
Learned Advocate for the complainant/petitioner files his hazira.
The learned Advocate for o.p.no. 2 and 3 also files their respective haziras.
O.p. no. 2 also files certificate of death of Gita Kar/o.p. no.1.
The M.A. case is taken for hearing.
Heard both sides.
Perused the contents of M.A. and the material on records.
It appears that Gita Kar/o.p. no. 1 died on 04/02/2017 during the pendency of this case and o.p. no. 2 Mou Mondal daughter of o.p. no. 1 since deceased is on record.
So the complainant has filed this case to expunge the name of o.p. no. 1 since deceased from this case.
Learned Advocate for the o.p. no. 2 has not made any objection.
It appears that Gita Kar/o.p. no. 1 died on 04.02.2017.
No substitution has been submitted within the statutory period of 90 days from date of death of o.p. no.1.
But it appears that Smt. Mou Mondal/o.p. no.2 daughter/L.H. of o.p. no. 1 is on record.
So in view of the above facts and circumstances, we find no impediment to allow this M.A.
Hence, it is
ORDERED
M.A. case no. 68/2018 be and same is hereby allowed on contest; but without cost.
Name of o.p. no.1 Smt. Gita Kar be expunged as she is dead.
Thus this M.A. case is hereby disposed of.