(O&M) Surjit Singh v. Gurmit Singh







 
 

  





 
 

  





 
 

  





 
 

 
**** RSA No.1665 of 1988 (O&M) Date of Decision: 28.01.2015 **** Surjit Singh & Anr.

. . . . Appellants VS.

Gurmit Singh @ Roada . . . . Respondent **** 








 
    
    
    
  














****

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? **** Present: Mr. GS Bhatia, Advocate for the appellants None for the respondents ***** 

 

 

 






(1).
This Regular Second Appeal is directed against the judgement and decree dated 27.02.1987 passed by the trial Court decreeing the respondent-plaintiff's suit to the extent it awarded a sum of
4000 with interest @ 6% p.a. from the date of filing of the suit till realization, which has been affirmed by the learned Additional District Judge, Patiala vide judgement and decree dated 15.04.1987. (2).

The unfortunate marital dispute between the respondentplaintiff's sister who was married with the brother of the defendantappellant led to violent incident in which respondent-plaintiff Gurnam Singh was inflicted with knife injuries. In the criminal case, the defendant-appellants were sentenced and convicted by the learned Additional Sessions Judge, Patiala vide judgement dated 18.07.1983. Thereafter, the respondent-plaintiff instituted the instant suit V.VISHAL 2015.02.

  

           claiming compensation of
20,000 but his suit was decreed in part to the extent of
4000 only.

(3).
As the facts would speak for themselves, once the criminal charge stood proved against the appellants before the Sessions Court beyond any pale of doubt, the Civil Court even applying the doctrine of persuasive value has rightly held the respondent-plaintiff entitled to compensation under the law of torts.

(4).
The appeal, in any case, does not give rise to substantial question of law as the whole controversy rests on the set of facts which have been concurrently held against the appellants by the courts below.

(5).
Dismissed.

 

 

 

 


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V.VISHAL 2015.02.21 12:07 I attest to the accuracy and authenticity of this document