STATE OF GUJARAT Vs. PARVATIBEN ISHWARBHAI CHAVDA

JUDGEMENT

(1.) Both these appeals under Section 96 of the Code of Civil Procedure arise out of the common judgement and common tortious act. They are being disposed of by this common judgement at the admission stage.

(2.) The appellants are the original defendants whereas the respondents are the original plaintiffs. They are hereinafter referred to as "defendants" and "plaintiffs" for the sake of convenience and brevity. The plaintiffs filed two suits for damages in the court of Civil Judge, at Surendranagar. Special Civil Suit No. 63 of 1997 was filed by the legal heirs and representatives of the deceased Parvatiben Ishwarbhai Chavda as indigent for the unfortunate demise of Parvatiben on account of house falling claiming compensation of Rs. 2 lakhs whereas the injured plaintiff Ganpatbhai Ishwarbhai Chavda filed Regular Civil Suit No. 57 of 1997 for personal injuries in the same fashion and claimed Rs. 5000.00.

(3.) Deceased Parvatiben and injured Ganpatbhai were staying in room No. 20 at Government Quarters known as 24 quarters situated behind S.T. Bus station, Surendranagar. Maintenance of the said quarters was on the part of the Executive Engineer, P.W.D. Surendranagar. The material used in the construction of the quarters was of inferior quality. The quarters were not maintained. They were not being repaired. Many a times attention of the department and the Government had been drawn for maintenance and repairs of the quarters. However, no action had been taken.