MANJULA VERMA Vs. SARLA VERMA

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is directed against the order dated 29.11.06 passed by the Additional District Judge, Delhi whereby the application under Order VII Rule 11 of the Code of Civil Procedure filed by the petitioners seeking rejection of plaint filed by the respondent was dismissed.

(2.) Respondent is the plaintiff and the petitioners are the defendants in the original suit. I shall be referring to the parties by their nomenclature in the suit.

(3.) Brief facts relevant for deciding the controversy in the present petition are that Late Sh Vijay Kumar Sharma (hereinafter referred to as the deceased) joined Custom, Excise and Gold (Control) Appellate Tribunal, West Block 2, R.K. Puram, New Delhi in the year 1977 as an Inspector. At the time of the joining the deceased nominated his mother and unmarried sister i.e. the plaintiff as his nominees for the purposes of Provident Fund Act, 1925 and General Provident Fund (Central Services) Rules 1960. It is to be noted that the deceased was a bachelor at the time he joined service.