This order is arising out of the MA being no. 83/2021 filed by the complainant in the complaint case no CC/44/2019 praying for amendment in the spelling of the name of the complainant.
It is stated by us that after filing of this instant complaint the complainant noticed that the name of the complainant has been wrongly typed as Subhendhu Gangopadhyay instead of Subhendu Gangopadhyay. Due to some typographical error the complainant is bound to file the instant application with the prayer to amend or rectify the name of the complainant, which was not been noticed at the time of filing of the instant complaint. According to the complainant if this spelling of the name of the complainant is not corrected at this stage, at the time of disposing the complaint order will the passed in the name of another person. According to the complainant if this application is not allowed, he will suffer irreparable loss and injury and accordingly prayer is made by the complainant for allowing this application.
Neither any written objection or verbal objection has been made by the Ops against such application. The Ld. Counsel for the Ops has stated that in case of correction in the spelling of the name of the complainant the Ops do not have any objection.
Going by the foregoing discussion hence it is ordered that the MA 83/2021 is hereby allowed on the ground that until and unless the spelling of the name of the complainant is not rectified, the complaint cannot be properly adjudicated upon and at last Judgment will be passed in the name of a wrong person. Therefore the prayer of the complainant should be allowed. MA is disposed of on contest without any cost.
Today the complainant has submitted the amended complaint.
24.02.2022 is fixed for filing reply by the Ops.
Let plain copy be given to the parties free of cost, as per CPR.
Dictated and corrected by
[HON'BLE MRS. Silpi Majumder]
MEMBER