Order no.35,, dt. 23.8.2023

This case record is taken up for consideration for passing order in respect of the application filed under section 151 CPC for expunging the name of noticee Reliance Jio Infocomm Limited from this case.  This matter is contested by complainant side but no written objection has been filed in this respect.

Heard argument of both sides  considered submission.

Perused the petition filed under section 151 C.P.C.  For the purpose of arriving at just and proper decision in respect of the above noted application, this district commission after going through the materials of this case record it appears that the OP who is the applicant of this petition is not in any manner connected with the subject matter of the proceedings.  It is also found that there is no existence of the above noted company in the address named in the complaint petition.  It is also important to note that the Opposite party is not a necessary party of this case and this case has been filed against a wrong person.

Considering all these aspects the prayer of the opposite party who is the applicant of the petition is allowed.   This district commission is of the view that the name of the opposite party Reliance Jio Infocomm Ltd. can be expunged.

As the name of the opposite party is expunged from this case there is no question of continuing this case against the opposite party and so this case is liable to be dismissed.

In the result it is accordingly,

                                                                        Ordered

That the name of the Reliance Jio Infocomm Limited is hereby expunged and this case is also dismissed. 

However, the complainant side is given liberty to file the same afresh against proper OP on the self same cause of action.

No order is passed as to cost.