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2025 Supreme(Online)(SCDRC) 6052

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE GAUTAM CHOURDIYA, PRESIDENT, SHRI PRAMOD KUMAR VARMA, MEMBER
Smt. Gayatri Devi Sharda – Appellant
Versus
The Oriental Insurance Company Limited – Respondent


Advocates:
For the Appellants/Petitioners: Shri R.K. Bhawnani
For the Respondents: Shri P.K. Paul

ORDER

PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT

This appeal is filed under section 41 of the Consumer Protection Act 2019 (hereinafter referred to as “the Act” for short) against order dated 19.12.2024 passed by District Consumer Disputes Redressal Commission, Raipur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/374/14, whereby I.A. No. 04, an application filed under Rule 10 of C.P.C praying to implead the legal representative of the deceased complainant as a party to the case was rejected and as a result since the complainant is dead and his legal representative is not impleaded in the complaint, the same was dismissed holding that it has no sustainability.

2. Final arguments heard. Record perused.

3. The challenge in this appeal to the impugned order is mainly on the ground that as per provisions under Order 1 Rule 10 (2) the court may at any stage of the proceedings, either upon or without the application of either party and on such terms, as may appear to the Court to be just, order that the name of any party improperly joined be struck out and that the name of any person who ought to have been joined be added, whether as plaintiff or defend

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