Smt. Savita Garg vs The Director, National Heart Institute on 12 October, 2004
Considering all aspects from all angles and keeping in mind the position of law and regard being had to the observations of the Hon'ble Apex Court reported in Smt. Savita Garg--vs.--The Director National Heart passed on 12th October, 2004, we have no option left but to hold that summary dismissal of the petition of complaint by the District Commission on the ground of non-joinder of necessary party is not at all prudent, just and proper. In case, the Complainant fails to substantiate the allegations and grievances by adducing cogent and satisfactory evidence then the complaint case will fail but not on the ground of non-joinder of necessary party. In our firm view Ld. Commission below ought to have given opportunity to the Complainant to implead Aparna Bhomick as a party complainant. In our considered view, Ld. District Commission was not at all correct and justified in dismissing the complaint petition solely on the ground of non-joinder of necessary party. The Complainant should be given opportunity to implead Aparna Bhowmick as a party Complainant in the proceeding.