FARUKH KHA @ JAMAAL KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In the available scenario of the matter instead to hear this petition on admission, with the consent of the parties, the same is heard finally.

(2.) The petitioners/claimants have filed this petition under Article 227 of the Constitution of India for quashment of the order dated 9.8.12 passed by the Railway Claim Tribunal Bhopal in Claim Case No.0375/10 whereby their application filed under Order 6 rule 17 of the CPC for amendment of the claim petition to amend the concerning train number, has been dismissed.

(3.) The petitioners counsel after taking me through the impugned order and the other available papers said that the proposed amendment was only an additional/different approach from the facts which had been stated in the claim petition at the time of filing the same and, therefore, the tribunal ought to have been allowed such application. In continuation he said that their proposed amendment is in consonance with the report of the Railway department but contrary to it, the same has been dismissed by the tribunal under wrong premises and prayed for allowing such amendment application by allowing this petition.