HARICHARAN PATEL Vs. DHANURJAY

JUDGEMENT

(1.) THIS petition has been filed by the petitioners feeling aggrieved by the order dated 17/11/2005 passed by 1st Additional Sessions Judge, Raigarh, whereby the revisional Court dismissed the revision for non-compliance of its direction i.e. non-payment of PF for issuing notice to respondents No. 6,7,8 & 9 and for not impleading the legal heirs of deceased respondents No. 5, 11, 14 & 15.

(2.) LEARNED counsel for the petitioners contended that revision has been filed on legal questions and the learned revisional Court has no jurisdiction to dismiss the revision merely on the non-fulfillment of payment of PF or non-impleading of legal heirs of the deceased non-applicants.

(3.) FOR prosecuting the revision, it was essential for the petitioners to pay Process Fee for issuing of notices against non-applicants No. 6, 7, 8 & 9, and it was also essential for them to implead the legal representatives of deceased non-applicants No. 5, 11, 14 & 15; but neither petitioners paid the PF nor impleaded the legal representatives of the deceased non-applicants, even they did not pray for any opportunity to remove those impediments before the revisional court. Therefore, learned revisional Court was unable to decide the revision on merit for want of compliance of its orders and in absence of necessary parties, even petitioners in the instant petition did not implead the legal representatives of deceased non- applicants No. 5, 11, 14 & 15 and in absence of those necessary parties, without being impleaded no order against them by this Court too can be passed in their back.