Suit for declaration and mandatory injuction
Querist :
Anonymous
(Querist) 01 June 2021
This query is : Resolved
My father was a sweeper at Army posted at Udaipur. He died in 2019 while in service. After his death, when my mother inquired about getting his death pension, perks etc., it was informed that she was not nominated as his wife during his lifetime, hence, the emoluments could not be awarded to her.
Aggrieved thereby, my mother sued for declaration as wife and for mandatory injunction to receive future pension impleading the Union of India and the Secretary of Defence Ministry as the Defendants.
In the written statement, the defendants alleged that the deceased during his lifetime had nominated one Ramu Devi as his wife to receive his dues and pension after his death and therefore, the department is following the instructions and has already paid the outstanding dues to Ramu Devi and is paying pension amount after his death.
Now my queries are:-
1. Should I implead Ramu Devi also as defendant in my suit ?
2. Should I amend my plaint ? If yes, then, what reliefs should I claim against Ramu Devi besides the relief for declaration as Wife of the deceased ? Whether I should seek cancellation of nomination as wife made by my father in her favour ? Should I also seek recovery of money paid to Ramu Devi by the department and what would be the court fee leviable on this relief ?
Dr J C Vashista
(Expert) 02 June 2021
How did you come to know that your father did not nominate any one in his service dossier ? Unbelievable statement.
Commanding Officer of the soldier publish Daily Order Part II, as authority to endorse nominee in the service record, if the individual did not mention at the time of his enrollment, which is NEVER omitted.
If your statement may be taken to be true, who is this person named as "Ramu Devi" if she is not your mother?
What is the opinion and advise of the lawyer engaged/ paid by you, who has stated to have filed a suit for declaration ?
Facts posted in the query do not convince me, can you send a copy of pleading, if the same is true and correct.
Sankaranarayanan
(Expert) 02 June 2021
Yes i do agree with Vashiata ji points.
Its not a ordinary organization to simply ignore or accepted without any proper records.
what representation been filed before authorities?
what is the reply for your representation if?
Where he lived in his last breath?
What documents been submitted by the defendant related to the said nominee Mrs.Rama devi?
state the facts clearly
ashok kumar singh
(Expert) 02 June 2021
agreed with views of earlier experts, therefore no further comments so far.
thanks
T. Kalaiselvan, Advocate
(Expert) 03 June 2021
You have filed a suit to declare your mother as the wife of the deceased and to grant mandatory injunction to disburse the settlement amount and pension to her, whether she was knowing about the said ramu devi at the time of filing this suit, anyway, since the defendant has mad a mention about the said person in their written statement, you can file a petition under order 1 rule 10 CPC to implead her as necessary party for proper adjudication and claim relief against her to declare her as an illegal or illegitimate person and not eligible for any terminal benefits of the deceased employee.
Order 1 Rule 10 of Code of Civil Procedure (herein after referred as C.P.C.,) enables the court to add any person as party at any stage of the proceedings, if the person whose presence before the court is necessary in order to enable the court effectively and completely adjudicate upon and settle all the questions.
You can discuss with your advocate and take steps as suggested.
