Order No:  16                                                                                      Date:12/08/2024

Today is fixed for hearing of the petition which is filed by the complainant for addition of parties.

This matter has contested by O.ps. by filing W/O.

Heard submission of both sides. Considered.

Perused the petition which is filed by the complainant side. Also examine the W/O which is filed by O.p.

After going through the materials of the case record it is revealed that the complainant died on 27/12/2022 and thereafter one substitution petition has been filed by the complainant side 14/08/2023. Then the complainant side has also come forward with another application for adding of parties.

It appears that the complainant side is trying to incorporate the Husband of the original complainant as complainant by way of substitution. But fact remains that such substitution petition is to be filed within 90 days from the date of death of the complainant. But no such step has been taken by the Dr. Alok Choudhury husband of the original complainant.

There is no prayer for condonation of delay.

Thus it is crystal clear that the petition which is filed by the complainant for addition of parties deserves no merit and so it is rejected.

As the substitution petition has not been foiled under Order 22 Rule 3 C.P.C. within statutory period of time this complaint case is abated. As a result of which, this case is dismissed.

Dictated & corrected by me.

President