ORDER No.        06                                           Date:       31/07/2023

Today is fixed for hearing of the M. A. Case which has been initiated in view of the application filed by the complainant/applicant side for amendment of the complaint petition.

This matter has been contested by the OP by filing written objection.

Heard both sides.

Considered submission.

It is the main point of contention and argument on the part of the complainant/applicant side that due to change of circumstances the complainant is in urgent need of incorporating certain facts which would not change the nature and character of this case.

On the other hand, Ld. Advocate for the OP pointed out that there is no necessity of amending the complaint petition after filing of the written version by the OP.

It is also submitted by the OP that the amendment claimed by the complainant side is not at all required as because the Ops have never stated the fact of supplying booklet to the complainant.

On close examination of the amendment petition filed the complainant/applicant side, it is revealed that the complainant/applicant is intending to incorporate certain new facts which has been detected by the complainant side after filing of the written version.

On close scrutiny of the said amendment petition it is also transpired that if the prayer for amendment is allowed by this District Commission it would not affect the interest of the Ops as because the amendment sought for is “pre-trial” amendment.

More so, if the prayer of the amendment is allowed the interest of the Ops shall not be jeopardized in any way as because the Ops shall get opportunity of filing additional written version.

Considering all the above noted factors the prayer for amendment of the complainant/applicant side is allowed on contest.

Let the complaint petition be amended as per schedule of the amendment petition.

The complainant/applicant side is directed to file fresh amended complaint petition in C.C. Case No. 158/2020.

In the light of the observation made above, the M. A. Case No. 15/2022 is disposed of on contest.

Dictated & corrected by me.

        President