RANJIT SINGH Vs. KANTA VANSAL

JUDGEMENT

(1.) SURINDER Singh aged about 28 years was B. Sc in agriculture and was employed as an Agricrltural Inspector getting monthly emoluments of Rs. 486.20 is alleged to have beep murdered on 3rd May, 1970 by Ranjit Singh and other contesting defendants. Smt. Kanta widow of the deceased filed a suit in forma pauperis for recovery of Rs. 1,50,000/- from Ranjit Singh and others as damages., The suit was contested by the defendants who pleaded that Sukhdev Singh and Ranjit Singh defendants had cause injuries to the deceased in self defence 'and denied if they had any intention to murder him. By the time the issues were framed, in the criminal case the defendants were (acquitted. The fallowing issues were framed in the case:

(2.) AFTER evidence was led, the trial Court by judgment and decree dated 10th November, 1975 decreed the suit for recovery of Rs. 49,000/- against Ranjit Singh defendant with proportionate costs as the death blow on the head of the deceased was given by him. This is first appeal by Ranjit Singh against whom the suit has been decreed.

(3.) THE main argument raised on behalf of the appellant was that the plaintiff having re-married during the pendency of the litigation, she became desetatitled to receive any compensation. For this reliance 'was placed on the grounds of appeal, where in it is stated that the plaintiff has re-married. Similar statement was made in the affidavit filed In support of the application for stay in the suit. However, the plaintiffs reply was that she was a Widow. Later on Civil Misc. No. 109-CI of 1984 filed on 23rd January, 1984, wherein beside stating that she "had already re-married as stated in the earlier application for grant of stay, it was stated that the appellant now learnt that the plaintiff gave -birth to a male Child on 2l8t September, 1982 from the loins to Narinder Singh, with whom she got married after the death of her first husband and produced certified copy of the birth entry. It is also stated that she gave birth to another child on 7-10-1983/ 'It was prayed that the plaintiff be directed to state the date of her re-marriage with Narinder Singh and the factum of her re-marriage may betaken into consideration for deciding the question of quantum of compensation. In reply an affidavit was filed by the plaintiff wherein she admitted having given birth to two sons on the dates mentioned by the appellant and also stated that She was re-married 'to the younger brother of the deceased husband on 3rd January, 1382. She further big lighted that out of Rs 20,000/- paid to her under the orders of this Court she paid off the liability to that extent out of Rs. 30,000/-, which she incurred on account of her husband's death in maintaining herself and in pursuing criminal litigation. Besides that, out of Rs. 20,000/- Rs. 4000/- was deducted at the first change of court fees on the decretal amount, it was further pleaded (that by the time she got re-married she had incurred a debt of Rs. 30,000/- which she had to pay off.