JOY Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) Unfortunate is the case on hand whereby, the petitioner suffered an injury having fallen into a pit said to have been dug by the BSNL.

(2.) The facts absolutely necessary for the disposal of this original petition are as follows:

(3.) The defendants resisted the suit. Their main contention was that the suit was bad for non joinder of necessary parties and they denied the claim of fall made by the plaintiff. They pointed out that the plaintiff had gone to a hospital about 40 Km away from place where he was alleged to have fallen which would show that in all probabilities, it was not due to the fall that he had suffered injuries, but due to some other cause. They denied that the plaintiff had suffered any injury as a result of any act committed by them and prayed for a dismissal of the suit.