BIMLA WATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application for fixing an actual date of hearing in the present appeal on the ground that the applicant -appellant is an old lady of 86 years of age and is seriously ill.

(2.) FOR the reasons recorded in the application, the same is allowed. With the consent of both the learned counsel for the appellant and learned DAG, the appeal is taken up today itself for arguments. RSA No. 970 of 2009

(3.) THE plea of the respondents was that earlier her husband had filed a suit seeking the same declaration but the said suit was dismissed. The Trial Court held that the appellant had produced two documents viz. Ex.P6 which was a letter from the Deputy Commissioner, Faridkot dated 16.07.1987 wherein it had been certified that Jagdish Kumar had spent one year in jail during the freedom movement and Ex.P7 which was a certificate from the Superintendent Central Jail, Bathinda also certifying that Jagdish Kumar had spent one year in jail during the freedom movement. As regards the plea that her husband had also filed the suit which was dismissed, the Court ignored it on the ground that the pleadings thereof were not on record so as to enable the Court to come to a conclusion that the suit was barred by the principle of res judicata. Before the Lower Appellate Court the appellant stated that she would not press her claim for pension but she could not be denied the status of being the wife of a freedom fighter and would restrict her claim accordingly. The Lower Appellate Court, however, giving credence to the earlier suit allowed the appeal and dismissed the suit.