IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.555 of 2009
SUKHDEO MANDAL, SON OF LATE FAGU MANDAL, RESIDENT
OF BENI, P.S. - PALASI, DISTT. - ARARIA (BIHAR).
............ APPLICANT / APPELLANT.
Versus
UNION OF INDIA, THROUGH THE GENERAL MANAGER, N.F.
RAILWAY, GUAHATI.
........... RESPONDENT / RESPONDENT.
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For the Appellant :- Mr. Pravin Kumar Gupta, Advocate.
For the Respondent :- Mr. Anil Singh, Advocate.
04/- 15.09.2010 Heard learned counsel for the parties.
This miscellaneous appeal is directed against
the order dated 08.07.2009 passed by the Railway Claims
Tribunal, Patna Bench in Claim Application No. OA
00286 of 1999 by which he has rejected the claim on merit
on the ground that the claimant has not proved his claim
for being bona fide passenger as well as untoward
incidence.
The learned counsel for the appellant,
however, contended that the order has been passed on
merits whereas the impugned order itself having been
mentioned that on the date of the order neither the
claimant appeared nor his advocate appeared. However, in
stead of dismissing the case in default the case has been
decided on merit without any evidence either oral or
2
documentary adduced by the claimant.
Learned counsel for the appellant, however,
contended that the impugned order itself mentioned that
the claimant did not turn up on the different dates fixed for
adducing any evidence.
However, having regard to the fact that since
no evidence adduced on behalf of the claimant and hence
the decision of the case on merit is neither proper nor
justified when on the date of the order neither the claimant
nor his advocate appeared, hence, the impugned order is
set aside.
However, if the claimant does not appear and
adduce evidence and give evidence on three consecutive
dates then the case shall be dismissed in default by the
Tribunal.
However, if the claimant appears and adduced
evidence then opportunity be given to him to adduce
evidence but in no case the appellant shall be given an
opportunity beyond three months.
Hence, the appeal is allowed and the
impugned order is set aside.
Kundan (Gopal Prasad, J.)