Order No.   8                                                                        Date 10/07/2019

            Parties file hazira. The M.A. case is taken up for hearing of the substitution petition dated 27/03/2018 together with the amendment petition dated 24/08/2018 filed by the complainant. Perused those two petitions and the case record. Heard ld. Lawyer of both sides. Considered.

            Initially by filing the substitution petition dated 27/03/2018 the complainant has prayed for substitution of one Ashoka Nandy, Avoy Nandy and Abhery@Averi Nandt as O.p. nos. 2(a) to 2(c) being the legal heirs of deceased O.p. no.2-Madan Chandra Nandy. By filing the present amendment petition, the complainant has stated that the deceased O.p. no.2 died leaving behind his wife Ashoka Nandy and his one daughter viz. Abhery@Averi Nandy and he left no other legal heir except those two legal heirs and therefore by filing the present amendment petition the complainant has prayed for substitution of those two names.

            Ld. Lawyer of the O.ps. raised no objection in allowing the said substitution petition and the amendment petition. Hence, it is,

O r d e r e d

that the amendment petition dated 24/08/2018 filed by the complainant for amendment of the substitution petition dated 27/03/2018 is allowed.

Amend the substitution petition dated 27/03/2018 accordingly by striking out the name of Abhery Nandy from the schedule of the petition for substitution. Consequently the substitution petition dated 27/03/2018 is allowed accordingly without objection.

Let Asoka Nandy and Abhery Nandy@ Averi Nandy the legal heir of deceased O.p. no.2-Madan Chandra Nandy be substituted as O.p. nos. 2(a) and 2(b) respectively in the cause title of the petition of complaint of C.C. case no.155/2016.

The M.A. case is accordingly disposed off.

Dictated & corrected by me.  

President