IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.555 of 2009 SUKHDEO MANDAL, SON OF LATE FAGU MANDAL, RESIDENT OF BENI, P.S. – PALASI, DISTT. – ARARIA (BIHAR). ………… APPLICANT / APPELLANT. Versus UNION OF INDIA, THROUGH THE GENERAL MANAGER, N.F. RAILWAY, GUAHATI. ……….. RESPONDENT / RESPONDENT. ----------- For the Appellant :- Mr. Pravin Kumar Gupta, Advocate. For the Respondent :- Mr. Anil Singh, Advocate. 04/- 15.09.2010 Heard learned counsel for the parties. This miscellaneous appeal is directed against the order dated 08.07.2009 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No. OA 00286 of 1999 by which he has rejected the claim on merit on the ground that the claimant has not proved his claim for being bona fide passenger as well as untoward incidence. The learned counsel for the appellant, however, contended that the order has been passed on merits whereas the impugned order itself having been mentioned that on the date of the order neither the claimant appeared nor his advocate appeared. However, in stead of dismissing the case in default the case has been decided on merit without any evidence either oral or 2 documentary adduced by the claimant. Learned counsel for the appellant, however, contended that the impugned order itself mentioned that the claimant did not turn up on the different dates fixed for adducing any evidence. However, having regard to the fact that since no evidence adduced on behalf of the claimant and hence the decision of the case on merit is neither proper nor justified when on the date of the order neither the claimant nor his advocate appeared, hence, the impugned order is set aside. However, if the claimant does not appear and adduce evidence and give evidence on three consecutive dates then the case shall be dismissed in default by the Tribunal. However, if the claimant appears and adduced evidence then opportunity be given to him to adduce evidence but in no case the appellant shall be given an opportunity beyond three months. Hence, the appeal is allowed and the impugned order is set aside. Kundan (Gopal Prasad, J.)