Sampuran Singh vs The General Manager, Northern Railway, Baroda House, Delhi and others

S.P. Goyal, J.—The plaintiff filed this suit against the General Manager, Northern Railway, New Delhi, and two other officers, later on, he moved an application that he may be allowed to describe defendant No. 1 as the Union of India through the General Manager, Northern Railway. This application was rejected wholly on erroneons considerations taking it to be as if a new party is being sought to be impleaded. The head of the department with which the plaintiff was concerned had been impleaded and it was only a technical defect that instead of showing the Union of India through the General Manager, he impleaded the General Manager itself as defendant. This technical defect in the description of the party can be allowed at any time and no question of limitation is involved in such a case. The impugned order is consequently set aside and the prayer for, amendment is allowed. The trial Court would now proceed with this suit in accordance with law. The parties, through their counsel, have been directed to appear in the trial Court on June, 10, 1982. No costs.