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Report No. 111

9.7. Non-joinder of some beneficiaries.-

The provision contained in the existing Act that the claim under the Act must be made on behalf of all the dependents, raises the question as to what is to happen if the suit is brought by only some of the beneficiaries. As was pointed out in a Kerala case,1 to which a reference has already been made,2 to hold that a suit should be dismissed because the other beneficiaries are not on record, would be to take too technical a view. In that particular case, the objection on the score of non-joinder had been overruled by the trial court, whose view was upheld by the High Court.

To avoid such contravention arising elsewhere it may be proper to make an express provision on the subject to ensure that the non-joinder of some of the beneficiaries shall not be a ground for dismissal of the suit brought by the other beneficiaries but the court may, when passing the decree, make such provisions in the decree as it may consider just in order to protect the interests of the beneficiaries not joined.3

1. P.B. Kader v. Thatchamma, AIR 1970 Ker 241 (246).

2. Para. 1.2, supra.

3. See Appendix 1, clause 4(4).

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