KAJOMA KUMARI Vs. THE UNION OF INDIA .
EmailAppeal: CIVIL APPEAL NO.14626 OF 2015
Petitioner: KAJOMA KUMARI
Respondent: THE UNION OF INDIA .
Judges: ANIL R. DAVE , ADARSH KUMAR GOEL
Date of Judgment: Dec 16, 2015
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.14626 OF 2015 (Arising out of SLP(C)No.30710 of 2015)
KAJOMA KUMARI … APPELLANT(S)
VS.
THE UNION OF INDIA … RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted. 2. The only reason, for which the High Court had disposed of Miscellaneous Appeal No.379/2013, was that all the legal heirs of the deceased had not been joined in the said litigation. 3. In the interest of justice, we are of the view that all heirs should be permitted to be joined at a belated stage so that if any compensation is payable to the heirs, that can be paid to them. 4. The High Court shall permit all the legal heirs to be joined and shall decide the matter on its merits in accordance with law.
5. The impugned order is set aside and the appeal is disposed of as allowed with no order as to costs. Pending application, if any, stand disposed of. 6. The parties shall appear before the High Court on 15th February, 2016, so that the matter can proceed further. 7. In the meantime, needful shall be done by the appellant to bring all the legal heirs on record.
…………..J. [ANIL R. DAVE]
…………..J. [ADARSH KUMAR GOEL] New Delhi; 16th December, 2015.
CIVIL APPEAL NO.14626 OF 2015 (Arising out of SLP(C)No.30710 of 2015)
KAJOMA KUMARI … APPELLANT(S)
VS.
THE UNION OF INDIA … RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted. 2. The only reason, for which the High Court had disposed of Miscellaneous Appeal No.379/2013, was that all the legal heirs of the deceased had not been joined in the said litigation. 3. In the interest of justice, we are of the view that all heirs should be permitted to be joined at a belated stage so that if any compensation is payable to the heirs, that can be paid to them. 4. The High Court shall permit all the legal heirs to be joined and shall decide the matter on its merits in accordance with law.
5. The impugned order is set aside and the appeal is disposed of as allowed with no order as to costs. Pending application, if any, stand disposed of. 6. The parties shall appear before the High Court on 15th February, 2016, so that the matter can proceed further. 7. In the meantime, needful shall be done by the appellant to bring all the legal heirs on record.
…………..J. [ANIL R. DAVE]
…………..J. [ADARSH KUMAR GOEL] New Delhi; 16th December, 2015.
