Petitioner/Complainant in person is present.

Ld. Advocate for the OP 1 and 3 is present.

Ld. Advocate for the OP 2 is also present.

OP 1 and 3  files one application praying for time on the ground stated therein. The prayer for time of OP 1 and 3 is taken up for hearing.

Heard. Perused. Considered.

This Commission finds no merit in the prayer of time of OP 1 and 3. So, it stands rejected.

Now the instant MA is taken up for hearing.

Heard the Complainant himself and the Ld. Counsel appearing for OP 2 and Ld. Counsel appearing for OP 1 and 3 at length.

Perused. Considered.

By the application dt. 17.08.2023 Petitioner/Complainant made the application praying for amendment mentioning that due to inadvertence certain matters which are necessary were not mentioned in the reliefs sought for and by making a schedule separately in connection with the petition under consideration, Petitioner/Complainant has proposed to amend the same in connection with original CC/170/2023.

Petitioner/Complainant himself in course of his submission argued that the amendment as sought for will not change the nature and character of the case and due to inadvertence he could not put the contents referred in the schedule of his petition now under consideration of this Commission. He also added that such amendment is very vital and for proper adjudication the contents as setforth in the schedule of the said petition is no doubt important.

On the other hand Ld. Counsel appearing for OP 1 and 3 has vehemently opposed the submissions of the Petitioner/Complainant and also submitted that Petitioner/Complainant already made his prayer in the original CC case and this sort of amendment is not at all necessary and the reliefs Petitioner/Complainant has made in his original CC case is complete in nature and the proposed amendment is not at all essential.

Ld. Counsel appearing for OP 2 in fact, submits nothing important on the point of merit and demerit of the application of the Petitioner/Complainant, now under consideration.

To the mind of this Commission the amendment as sought for by the Petitioner/Complainant will not change the nature and character of the matter in dispute and it can further be said that in fact, the amendments as sought for is in the form of further and better particulars and also for incidental reliefs.

In that view of the matter this Commission is of the opinion that prayer for amendment as sought for by the Petitioner/Complainant is required to be allowed. Accordingly, this Commission is doing that.

Thus, the MA being no. 213/2023 is disposed of.

Dictated and corrected by   

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT