ORDER No. 05 Date: 05/06/2023
Today is fixed for hearing of instant M.A. Case.
Ld. Advocate for the applicant is present. OPs are absent without any step.
The instant M.A. Case is taken up for hearing.
Heard Ld. Advocate for the applicant in full.
The C.C. Case No. 53/2020 was filed on 12/02/2020 by Ramchandra Agarwal, Son of Late Beni Prasaid Agarwal, 46, Nandlal Mitra Lane, 3rd Floor, P.O. Salkia, P.S. Golabari, Howrah – 711 106.
During pendency of the said C.C. Case complainant, Ramchandra Agarwal expired on 13/05/2021 and his legal heirs submitted application under Order 22, Rule 3(1) of CPC, 1908 praying for substitution of deceased complainant, Ramchandra Agarwal by his legal heirs. The said application was filed on 07/09/2022.
Ld. Advocate of the applicant during submission explained that the legal heirs of deceased Ramchandra Agarwal were not aware about pendency of the C.C. Case No. 53/2020 before this Commission and later on when they came to know about such pendency they approached before this Commission for substitution.
In proof of death of complainant, Ramchandra Agarwal a photocopy of death certificate issued by Howrah Municipal Corporation has been submitted.
Ld. Advocate for the applicant submitted that said deceased Ramchandra Agarwal left behind Sumit Agarwal (son), Seema Agarwal (daughter) and Sangeeta Agarwal (daughter) as his legal heirs.
In support of their claim the applicants filed photocopy of their individual Aadhaar Card which reflect that Sumit Agarwal is the son of Ramchandra Agarwal, Seema Agarwal and Sangeeta Agarwal are the daughters of Ramchandra Agarwal.
In view of the above, we are of the opinion that the said M.A. needs to be allowed to move away the interruption caused in the proceedings of C.C. Case No. 53/2020 owing to death of complainant.
Thus, the instant M.A. Case is disposed of.
Dictated & corrected by me.
Member
