G. VEERABAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) This hearing has been donethrough video conferencing.

(2.) A suit was filed by thePlaintiff/Petitioner (hereinafter "Plaintiff") bearing Civil Suit No.511/2020 titled G. Veerbahu v. Union of India before the ld. ADJ-01, South District, Saket, New Delhi (hereinafter "Trial Court"). In the suit the Plaintiff sought damages and other reliefs on the ground of vicarious and strict liability against the Respondents/Defendants (hereinafter "Defendants") who are arrayed as Defendant Nos.1 to 10. A perusal of the memo of parties shows that the Union of India through the Ministry of Education is the Defendant No.1. The National Institute of Educational Planning and Administration ("NIEPA") is Defendant No.2 and the Indian Institute of Management, Tiruchirappalli (IIMT) is the Defendant No.7. Defendant Nos.3, 4, 5, 6, 8 & 10 are individual senior officials of the said organizations and the Ministry. The reliefs prayed for in the suit is as under:

(3.) Before this Court, the Plaintiffassails the impugned order dtd. 8/2/2021 passed by the Trial Court by which the summons have been issue only to the organizations and the Ministry, namely Defendants No. 1,2,7 and 9 and not to the officials including the Vice Chancellor, Director et cetera, namely Defendant No. 3, 4, 5, 6, 8 & 10. It is the submission of Mr. Babbar, ld. Counsel appearing for the Plaintiff, that since this is a suit for damages, the summons ought to have been issued against all the officials against whom the cause of action arises. The Plaintiff being the dominus litus has the free will to implead all such Defendants against whom he has a cause of action. The non-issuance of summons against the said Defendants would be unjust qua the Plaintiff as he is entitled to seek damages against the officials as well.