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2014 (5) TMI 1207 - SC - Indian LawsGrant of retirement benefits - non-government servant - seeking relief of proficiency set up - HELD THAT:- There has been adjudication on the same issue between the same parties and the High Court negatived Appellant's claim. We are of the considered opinion that the Appellant does not deserve any relief whatsoever and the appeal is liable to be dismissed. It is difficult to understand how the suit was maintainable as it is a settled legal proposition that in view of the provisions of Section 79 and Order 1 Rules 9 & 27 of the Code of Civil Procedure, 1908 and Article 300 of the Constitution of India, if a relief is sought against the State or the Union of India, the State or Union of India must be impleaded as a party. In case it is not so impleaded, the suit is not maintainable for want of necessary party. The suit was wrongly decreed - here is a suit which was decreed on the admission of the Defendant against whom no relief was prayed for, and without impleading the necessary party - Appeal dismissed.
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