SARABJIT KAUR Vs. JITTO KAUR

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 10.09.2011 (Annexure P/3) passed by learned Additional Civil Judge (Senior Division), Budhlada, whereby application moved by the defendants for abatement of the suit has been accepted and the suit has been dismissed as having abated on account of the death of Kartar Singh, original defendant. Brief facts relevant for disposal of the revision petition are that petitioners -plaintiffs filed a suit for compensation of Rs. 3,00,000/ - against one Kartar Singh son of Relu Singh, who had murdered the husband of petitioner No. 1 and father of petitioner Nos. 2 and 3. Kartar Singh appeared and filed his written statement. Thereafter, issues were framed and plaintiffs led their evidence. Thereafter, during the pendency of the suit for compensation, Kartar Singh died. His legal heirs were brought on record. The legal heirs of deceased Kartar Singh, after appearance moved an application that they are not responsible for payment of compensation since Kartar Singh against whom the suit for compensation was filed had died and the suit stands abated and cannot proceed. The trial Court, after hearing the parties, accepted the said application and dismissed the suit as abated. Hence, this revision petition.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) ON the other hand, learned counsel for the respondents vehemently opposed the contentions raised by the learned counsel for the petitioners and contended that since the wrongdoer has died, no compensation can be claimed from the legal heirs qua the estate of the deceased. It is a personal action and relief sought is connected with deceased Kartar Singh only. Hence, the suit stands abated and the trial Court has rightly accepted the application and dismissed - the suit as abated.