Subhagini Meher vs Chief Manager
2023 Latest Caselaw 1347 Ori

              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.

// 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