SUSHILA BHANDARI Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) THE Petitioner is technically right in his submission that in view of the subsequent decision of the Supreme Court imported 1985 (2) SLR page 170, the State Commission was not justified in refusing to go into the merits of the appeal and in remanding the case to the District Forum on the technical ground that the Union of India is necessary party and that without impleading the Union of India the case cannot be proceeded with. Our attention is however drawn to the fact that the husband of the Petitioner who was one of the joint complainants has accepted the decision of the State Commission and has moved the District Forum afresh after impleading the Union of India and the case now stands posted before the District Forum to the 10th of this month. In view of the said circumstance we do not consider is appropriate that we should interfere with the order of remand passed by the State Commission in the exercise of our revisional power because it will be clearly in the interests of both parties to have the whole matter adjudicated upon by the District Forum treating both the Petitioner and her husband as joint petitioners before it. There will be a direction to the District Forum to proceed to deal with the case accordingly. This Revision Petition is disposed of with the above observations and a copy of this order shall be transmitted by the Registry to the District Forum, Jodhpur forthwith by speed post today itself.