Kajoma Kumari vs The Union Of India

IN THE SUPREME COURT OF INDIA 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 claim application.

3. In the interest of justice, we are of the view that

all the heirs should have been permitted to be joined even

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 Signature Not Verified Digitally signed by joined and shall decide the matter on its merits in Sarita Purohit Date: 2015.12.18 20:02:44 IST Reason: accordance with law.

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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 of the

High Court.

..............J. [ANIL R. DAVE]

..............J. [ADARSH KUMAR GOEL]

New Delhi;

16th December, 2015.

2 ITEM NO.5 COURT NO.2 SECTION XVI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No.30710/2015

(Arising out of impugned final judgment and order dated 04/02/2015 in MAN No.379/2013 passed by the High Court of Patna)

KAJOMA KUMARI Petitioner(s)

VERSUS

THE UNION OF INDIA Respondent(s)

Date : 16/12/2015 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

For Petitioner(s) Mr. Kumar Rajesh Singh,Adv.

Ms. Niranjana Singh,Adv.

For Respondent(s) Mr. Atul Chitale,Sr.Adv.

Ms. Sunita Gautam,Adv.

Mr. Ranjit Kumar,Adv.

For Mr. S.N. Terdal,Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of as allowed with no order as to costs in terms of the signed Non-reportable judgment.

Pending application, if any, stand disposed of.

(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar

(Signed Non-reportable judgment is placed on the file)

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