BALWINDER KAUR Vs. PARAMJIT KAUR

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiff Paramjit Kaur wife of Sh.Baldev Singh son of Sh.Bachan Singh, resident of village Jassowal, Tehsil Jagraon, Ludhiana, presently residing at Ludhiana had brought a suit seeking damages of Rs.15 lakhs under Law of Torts against defendants Balwinder Kaur daughter, Gurdeep Singh son of Bhajan Singh as well as Bhajan Singh son of Bachan Singh and Chinder Kaur wife of Bachan Singh besides Rajwinder Singh son of Bhajan Singh, all residents of village Jassowal, Tehsil Jagraon, Ludhiana.

(2.) As per the version of the plaintiff, the parties belongs to village Jassowal, Tehsil Jagraon, Ludhiana and the plaintiff owns 19 marlas of plot in that village. The litigations started between the parties with respect to that plot and ad interim injunction was granted in favour of the plaintiff; the defendants after hatching a criminal conspiracy in active connivance with each other and local police officials with a motive to grab the said plot of plaintiff and to defame the plaintiff and her family members managed to get FIR No.7 dated 23.1.2008 for the offences under Sections 376/354/149 IPC registered against them at Police Station Sadar; that the FIR was later on found to be false and the police had submitted a cancellation report in the Court on 4.1.2012; that Balwinder Kaur is a lady of dubious character and she along with Rupinder Kaur and Charanjit Kaur were arrested by police of Police Station Sidhwan Bet when a flesh trade racket at village Leela Megh Singh was busted; they were found to be indulging in flesh trade. As per the version of the plaintiff registration of FIR against the plaintiff and her family members was a clever mode adopted by the defendants to blackmail and blacklist the plaintiff and her family members to tarnish their hard earned reputation in the public eye and that valuable time and hard earned money of plaintiff and her family members were wasted in attending the Court proceedings in various Courts, paying fee to the Advocates, travelling expenses etc. The plaintiff had quantified the damages suffered by her and her family members for the said reason as Rs.15 lakhs. According to the plaintiff, she called upon the defendants to pay this amount to her but on their refusal, she filed the suit in question.

(3.) On being put to notice, the defendants appeared but they did not file any written statement, as such their defence was struck off vide order dated 17.10.2012. Subsequently, they absented from the Court and were proceeded against ex-parte vide order dated 27.1.2014.