CORPORATION BANK Vs. H S SANDHU

JUDGEMENT

(1.) This Letter's Patent Appeal has been filed against the judgment of the learned Single Judge whereby the first appeal of the appellants was dismissed and the Cross appeal of the respondents partially allowed raising the rate of damages to Rs. 11,247.50 per month. Cross objections have been filed by the respondents for further increase in the rate of damages.

(2.) At the time of hearing, the learned counsel for the respondents raised a preliminary objection that the appeal was liable to be dismissed for not impleading one of the joint decree holder Smt. Amarjit Kaur as a party in the appeal. Reliance for this contention was placed on the Supreme Court decisions in State of Punjab v. Nathu Ram, 1962 AIR(SC) 89and Ch. Surat Singh and others v. Manohar Lal and others, 1971 AIR(SC) 240. The learned counsel for the appellants on the other hand contended that the mistake being bona fide was liable to be condoned. It is not possible to take notice of this contention at this stage because application moved by the appellants for impleading Smt. Amarjit Kaur as a party to this appeal was got dismissed as infructuous, she having died before any order could be passed on the application. As her legal representatives were already on record it was not necessary to pass any order in this regard but to make the appeal valid it was necessary that she was ordered to be impleaded as a party initially when the appeal was filed. The situation which now emerges is that one of the joint decree-holders was not made a party to the appeal when it was filed. The appeal when filed therefore, was not maintainable without impleading her. Preliminary objection raised, therefore, is sustained and the appeal dismissed as incompetent. In view of the appeal being dismissed as incompetent learned counsel for the respondents does not press the Cross-objections which are also dismissed. No costs.

(3.) On the oral request of the learned counsel for the appellant, two months time is allowed to approach the Supreme Court and the execution of the decree is stayed till then.