Order No.     4           

               The MA  bearing No. 564/17 arising out of A/194/17 is taken up  for passing necessary order.

            In the instant MA the Appellant/ Complainant prayed for expunging the names of the Respondent No. 2 and 3 from the instant Appeal and for remanding the complaint case No. 350 of 2015 which was dismissed by the Ld. District Forum Unit I Kolkata under Order No. 14 dated 16.01.2017  for non-joinder of necessary parties.

            The instant MA also contained the prayer for allowing liberty to the Appellant/Complainant for adding necessary parties in the revised  complaint to be submitted before the Ld. District Forum.

              Heard Ld. Advocates appearing on behalf  of both sides.

            The Ld. Advocate appearing on behalf of the Appellant/Complainant submitted that the names of the Respondent Nos. 2 and 3 have been added inadvertently in the instant Appeal. He , accordingly, submitted for expunging the names of the Respondent Nos. 2 and 3 from the instant Appeal and remanding the case in the interest of justice to the Ld. District Forum for adjudicating afresh  the case on merit allowing the Appellant / Complainant, the liberty to add necessary parties to the Complaint .

             The Ld. Advocate appearing on behalf of the Respondent objected to the prayer submitted in the instant MA . He received the copy of the MA served upon him by the Applicant /Appellant with objection.

            Perused the papers on record . The impugned order itself indicates that the complaint case was dismissed by the Ld. District Forum for non-joinder of parties, a purely technical reason.

            Having heard the Ld. Advocates for both sides , we are of the view that mere addition of necessary parties will not change the nature and character of the case. We , therefore, allow the MA directing the complaint case to be sent on remand to the Ld. District Forum Unit –I, Kolkata allowing the Applicant / Appellant, being the Complainant of the said complaint case, the liberty to file the complaint adding necessary parties as prayed for within one month from the date of the instant order.  At this stage expunging the names of Respondent Nos. 2 & 3 becomes redundant in nature.

            The Ld. District Forum is also directed to hear the complaint case on the basis of revised complaint and adjudicate the case on merit.

            Both the MA 564/2017 and the instant Appeal bearing No. A/194/2017 stand disposed of accordingly.