Chattisgarh High Court
Chief General Manager ... vs Smt. Sahetri Devi on 18 January, 2023
1
FA(MAT) No. 77 of 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FA(MAT) No. 77 of 2022
1. Chief General Manager Baikunthpur Area S.E.C.L. Baikunthpur,
District : Koriya Chhattisgarh
2. Assistant Area Manager S.E.C.L. Charcha Colliery, Tahsil
Baikunthpur, District : Koriya Chhattisgarh ---- Appellants
Versus
1. Smt. Sahetri Devi Wd/o Late Shambhu Das, Aged About 38
Years R/o Ward No. 13, V.T.S. Colony, Shivpur Charcha, Police
Station Charcha, Tahsil Baikunthpur, District : Koriya
Chhattisgarh
2. Kumari Kajal Das D/o Late Shambhu Das, Aged About 6 ½
Years R/o Ward No. 13, V.T.S. Colony, Shivpur Charcha, Police
Station Charcha, Tahsil Baikunthpur, District : Koriya
Chhattisgarh
3. Commissioner, Coal Mines, Provident Fund Office Seepat
Chowk, Bilaspur, District : Bilaspur, Chhattisgarh
---- Respondents
For Appellants :- Mr. Pankaj Agrawal, Advocate
For Respondents No.1 & 2:- Mr. Shobhit Koshta, Advocate
For Respondent No.3 :- Mr. Raj Kumar Gupta, Advocate
Hon'ble Shri Justice Goutam Bhaduri
Hon'ble Shri Justice N.K. Chandravanshi
Judgment On Board
Per Goutam Bhaduri, J.
18.1.2023
1. Heard.
2. The appeal is against the judgment and decree dated 31.7.2023
passed by the Family Court, Baikunthpur, District Koriya C.G. in
civil suit No. 40A/2019, whereby a decree is passed in favour of
FA(MAT) No. 77 of 2022
the respondent.
3. The facts of this case are that respondents No. 1 & 2 Smt.
Sahetri Devi and Kumari Kajal Das respectively filed a suit for a
declaration that plaintiff No.1 Sahetri Devi was married to
Shambhu Das according to the hindu rituals on 02.2.2003 and
thereafter she was residing along with him. It is stated that out of
the wedlock, plaintiff No.2 Kumari Kajal Das, minor was born on
16.12.2012. Plaintiff stated that Shambhu Das, deceased was
less educated as such, he could not nominate his wife and child
in the records of the SECL. Thereafter, Shambhu Das died in
harness on 05.9.2020, and an application was filed by the plaintiff
No.1 to get compassionate appointment, but, due to certain
technical mistake it was taken back and thereafter a suit was filed
seeking a declaration that plaintiff No.1 Sahetri Devi is legally
wedded wife and plaintiff No.2 Kumari Kajal Das is a legitimate
child, born out of such wedlock.
4. The appellant contended that Shambhu Das was employed at
Chacha Colliery, but, in the records of colliery he did not got
recorded the name of his heir namely the plaintiff Smt. Sahetri
Devi and a suit was decided prior to the present suit which was
concealed by the plaintiffs. Further, it was stated that during the
lifetime of Shambhu Das, in order to receive the entire terminal
dues he had nominated one Smt. Shobha Devi and according to
the appellant herein, the heir so named was were entitled to get
arrears of terminal dues.
FA(MAT) No. 77 of 2022
5. Learned Family Court came to a conclusion that plaintiff Sahetri
Devi is a legally wedded wife and plaintiff No.2 Kumari Kajal Das
was born out of the marriage, therefore, the decree was passed
in favour of the respondent herein. Hence, this appeal.
6. Learned counsel for the appellant would refer to the application
under Order 41 Rule 27 of the CPC to submit that as per the Coal
Mines Provident Fund one Shobha Devi was nominated to
receive the terminal benefits of late Shambhu Das and in her
absence, the order of like nature will defeat the right of the other
person named in service records. It is stated to remove the
doubt, the case may be remanded to the family Court and
opportunity of hearing be given to Shobha Devi, who was named
as wife of Shambhu Das.
7. Learned counsel for the respondent opposes the arguments
raised by learned counsel for the appellant and would submit that
lacunae in the appeal cannot be filled up by the like nature of the
application and there is no justification to remand back the case.
He further submits that these documents have not been
produced before the learned Family Court as such there was no
occasion to consider the same. In result, the order of the learned
Family Court is well merited and does not call for any
interference.
8. We have heard learned counsel for the parties and perused the
records.
9. The limited question which falls for consideration as to the
FA(MAT) No. 77 of 2022
document filed under Order 41 Rule 27 of the CPC wherein one
Shobha Devi is shown to be wife, who is nominated by the late
Shambhu Das to receive the terminal benefits can be considered.
10. Without going into the merits of this case at this stage, after going
through the documents filed under Order 41 Rule 27 of the CPC
which shows that Shobha Devi was declared to be a nominee
and shown to be the wife, subject to placement of proof of such
relation and right in order to provide an opportunity to said
Shobha Devi, we deem it proper to remand the case to the
learned Family Court to adjudicate the case afresh after arraying
Shobha Devi as defendant No.4 in the suit to avoid multiplicity of
proceedings.
11. Therefore, it is directed that the parties shall appear before the
Family Court, Baikunthpur, District Koriya on 02.3.2023.
Thereafter, the Family Court after notice to the newly added
defendant would decide and adjudicate the case afresh, as early
as possible and if circumstance permits, it may be decided within
a further period of six months from the date of service of notice.
12. Accordingly, the judgment and decree passed by the learned
Family Court, Baikunthpur are set-aside and appeal is allowed to
the above extent.
SD/- SD/-
(Goutam Bhaduri) (N.K. Chandravanshi)
Judge Judge
Ayushi
