CHHAYA Vs. PUBLIC AT LARGE

JUDGEMENT

(1.) The appellants have preferred the present second appeal under Sec. 100 of Code of Civil Procedure, 1908 (in short CPC) against the impugned judgment and decree dtd. 25/7/2023 passed by Fifth District Judge Mandsaur in civil appeal no. RCA/123/2023 thereby affirming the judgment and decree dtd. 7/12/2020 passed by Third Civil Judge Class II District Mandsaur in RCS-A/119/2020 whereby the civil suit filed by appellants for declaration of civil death has been partly allowed.

(2.) Brief facts of the case are that the appellants/plaintiffs are the parents of Surendra Singh Solanki, who had joined Indian Army in the year 2002 as Soldier and in the year 2010 he was promoted to the post of Signal Man in Srinagar. Surendra Singh took his training from 4/2/2010 to 21/2/2010 at Military Technical Training Institute Goa and was again called by the Center for further military training on 25/7/2010 in Goa. Surendra Singh went for training in Goa, but never returned from there and on 27/7/2010 the Military Training Center Goa informed the appellants that Surendra Singh has not reached at the training center on 25/7/2010. Thereafter appellants have lodged a missing person report at police station Ponda Goa. The appellants started receiving ordinary family pension w.e.f. 25/7/2010 and in the year 2020 they received a communication from department that due to non availability of death certificate of Surendra Singh, Special Family Pension GPR and other arrears could not be paid to them. Thereafter appellants have filed the civil suit for declaration of date of civil death of Surendra Singh.

(3.) The respondents/defendants No. 3 and 4 filed their written statement before the trial court has supported the appellants claim except the factum of civil death of Surendra Singh since 25/7/2010.