Gujarat High Court
Rajubhai Kantibhai Kabira & 2 vs Kushumben Kantilal Kabira & 2 on 8 May, 2014
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/CA/12763/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR JOINING PARTY) NO. 12763 of 2013
In SPECIAL CIVIL APPLICATION NO. 11243 of 2013
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RAJUBHAI KANTIBHAI KABIRA & 2....Applicant(s)
Versus
KUSHUMBEN KANTILAL KABIRA & 2....Respondent(s)
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Appearance:
MR DP JOSHI, ADVOCATE for the Applicant(s) No. 1 - 3
MR DM DEVNANI, LEARNED ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2-3
MR Y J PATEL, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 08/05/2014
ORAL ORDER
1. Rule. Mr.Y.J. Patel, learned advocate, waives service of notice of Rule for respondent No.1 and Mr.D.M. Devnani, learned Assistant Government Pleader, waives service of notice of Rule for respondents Nos. 2 and 3.
2. This application has been preferred by the applicants, proposed respondents, in Special Page 1 of 4 C/CA/12763/2013 ORDER Civil Application No.11243 of 2013, with a prayer to join them as such in the petition.
3. Heard Mr.D.P. Joshi, learned advocate for the applicants, Mr.Y.J. Patel, learned advocate for respondent No.1 and Mr.D.M. Devnani, learned Assistant Government Pleader for respondents Nos.2 and 3.
4. It is submitted by Mr.D.P. Joshi, learned advocate for the applicants, that the applicants are the heirs and legal representatives of deceased Kantibhai (Kantilal Kabira), the deceased Government servant, whose post-death benefits are being claimed by respondent No.1. It is submitted that respondent No.1 is not the legally-wedded wife of the deceased Government servant. The mother of the present applicants was the wife of the deceased Government servant, therefore, the applicants, being the sons of the deceased Government servant, deserve to be impleaded as party respondents in the petition, as they have made a claim to his post-death dues. Page 2 of 4 C/CA/12763/2013 ORDER
5. Mr.Y.J. Patel, learned advocate for respondent No.1 (original petitioner) has opposed the prayer made by the applicants on the ground that the deceased Government servant has nominated respondent No.1 for being granted the post-death dues, therefore, the respondent-authorities are bound to give the same to her.
6. Mr.D.M. Devnani, learned Assistant Government Pleader for respondents Nos.2 and 3 submits that the applicants are proper and necessary parties to the petition. There is a dispute regarding the payment of the post-death dues of the deceased Government servant, as respondent No.1 (original petitioner) is the second wife of the deceased Government servant and the elder son of the first wife of the deceased has also claimed the post- death benefits on 26.07.2012. When there are two claims for the said benefits, both parties have to be heard and thereafter, the issue has to be determined by the State Government.
7. Having heard learned counsel for the respective parties, it appears that the applicants are Page 3 of 4 C/CA/12763/2013 ORDER proper and necessary parties to the petition as their claim is to the post-death benefits of the deceased Government employee. There is no denial to the fact that all three applicants are the sons of the deceased Government servant, through his first wife. In this view of the matter, the following order is passed:
The application is allowed. The applicants are permitted to be impleaded as party respondents Nos.3 to 5 to the petition. The necessary amendment in the cause-title of the petition be carried out by the applicants, within one week.
8. Rule is made absolute, accordingly.
The applicants may file an affidavit-in-reply to the petition, if so desired.
(SMT. ABHILASHA KUMARI, J.) piyush Page 4 of 4