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ARUP KUMAR GOSWAMI, J
UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER (CONSTRUCTION), N.F. RAILWAY, MALIGAON, GUWAHATI 781011 – Appellant
Versus
DAMODAR ROPEWAY AND INFRA LIMITED – Respondent
| Table of Content |
|---|
| 1. hearing and initial proceedings of appeal. (Para 1 , 2 , 3) |
| 2. applications filed and initial ground for appeal. (Para 4 , 5) |
| 3. background of the respondent's claim. (Para 6 , 7 , 8 , 9) |
| 4. the necessity of party representation discussions. (Para 10 , 11 , 12) |
| 5. legal definitions of necessary vs proper parties. (Para 19 , 20 , 21) |
| 6. cpc provisions regarding government suits. (Para 22 , 23 , 25) |
| 7. conclusion on the validity of the appeal. (Para 28 , 31 , 34) |
JUDGMENT AND ORDER (ORAL)
Date : 06-03-2018
Heard Ms U. Chakraborty, learned Special Senior counsel, NF Railway, appearing for the appellants. Also heard Mr. S. Banerjee, learned counsel for the respondent.
2. On 5.2.2018, the learned counsel for the parties had submitted that having regard to the issues involved in the appeal, instead of formally admitting the appeal, the appeal can be disposed of at the admission stage itself and it was also contended that the records need not be called for.
3. It is in the light of the above order, the appeal was heard at the admission stage and is being disposed of by this order today.
4. In IA(C) No. 1433/2017, this Court had passed the following order on 5.3.2018:- “Heard Ms U C
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