IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.2655 of 2022
(Through Hybrid mode)
Subhagini Meher .... Petitioner
Mr. Alshya Kumar Nayak, Advocate
-versus-
Chief Manager, SBI, Subarnapur .... Opposite Parties
and another
Mr. Akshaya Kumar Mishra, Advocate
CORAM: JUSTICE ARINDAM SINHA
ORDER
08.02.2023 Order No.
08. 1. This proceeding has been initiated by interim application filed by writ petitioner. Prayer in it is in effect for review of order dated 3rd November, 2022, made in review of order dated 29th July, 2022, disposing of the writ petition.
2. In this proceeding there has been clarity on facts. One of the three accounts held by since deceased husband of applicant/writ petitioner, had a nominee. The nominee is Rohit Meher nephew of the deceased. Said person was not made party in the writ petition since, as also been ascertained, writ petitioner was unaware of the nomination.
3. On last occasion of hearing the application there was direction by order dated 11th January, 2023 for parties to assist Court by citing authority on nominee in respect of bank deposit, to be a trustee. Page 1 of 2
// 2 //
4. Mr. Nayak, learned advocate appears on behalf of applicant/writ petitioner while Mr. Mishra, learned advocate, for the bank. They rely on judgment of the Supreme Court in Sarbati Devi v. Usha Devi, reported in AIR 1984 SC 346, in particular paragraph
12. They submit, though law declared was in context of Insurance Act, 1938 but same is applicable to the case.
5. The assignment in respect of the disposed of writ petition is no longer with this Bench. However, by reason of the application made in the also disposed of review, the proceeding is before the Bench. For adjudication, there is necessity to add the nominee. The writ petition being at stage of review proceeding, it is permissible for Court to, inter alia, add party to it as empowered by sub-rule (2) in rule X of order 1, Code of Civil Procedure, 1908.
6. Rohit Meher, S/o- Chetaram Meher, At/P.O- Sukha, P.S- Dunguripali is added as party. Applicant/writ petitioner will file consolidated cause title. Thereupon issue notice of this order and I.A. no.15541 of 2022 on the party added, by registered/speed post with A.D. Applicant/writ petitioner will put in requisites.
7. List on 2nd March, 2023 under heading 'Fresh Admission'.
(Arindam Sinha) Judge Prasant Page 2 of 2