JAGANNATH SINGH Vs. PRAGI KUNWAR

JUDGEMENT

(1.) On 21 June 1939, Jai Ram was murdered. The suit, which has given rise to was this appeal, was instituted by Jai Ram's widow, Shrimati Pragi Kunwar, on her own behalf and on behalf of her two minor sons, to recover a sum of Rs. 2000 by way of damages from the two appellants, Jagannath Singh and Ram Nath Singh, and certain other persons, who were said to have committed the murder or were otherwise responsible for it. The claim for damages was based on loss of company and support, which the plaintiffs had suffered due to the wrongful act of the defendants. The defendants denied having committed the murder and contended that the suit was not maintainable and the amount of damages claimed was excessive.

(2.) The Courts below have found that the defendants had caused the death of Jai Ram; that the suit was maintainable; and that the plaintiffs were entitled to recover the amount of damages claimed.

(3.) In this appeal, the learned Counsel for the appellants has contended that the plaintiffs not having made all the persons responsible for the murder of Jai Ram parties to the suit and having released some of them from liability, the suit was not maintainable against others. In other words, the release of some of the joint tort-feasors amounted to release of all of them.