A.S.ANAND, V.N.KHARE
Malkiatsingh – Appellant
Versus
Jogindersingh – Respondent
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ORDER
Special leave granted.
2. The appellants were tried for the murder of one Harpal Singh and on conviction, were sentenced to suffer life imprisonment and to pay a fine of Rs. 1,000/- by the learned Special Court, Ludhiana vide judgment dated 1.4.1985. The respondents, it appears, on 16.8.89 filed a suit in the Court of learned Sub Judge, 1st Class, Samrala claiming damages from the appellants to the tune of Rs. 1,00,000/- for deprivation of the income to the family members which they used to get from deceased Harpal Singh. The claim in the suit was contested by the appellants. They filed their written statement and engaged a counsel to defend the suit. The trial Court, on the basis of the pleadings of the parties, framed a number of issues. After two witnesses for the plaintiffs in that suit had been examined and cross examined, it transpires that, on 18.11.1991, learned counsel who had been engaged by the appellants herein for defending them in the suit, pleaded "no instructions" before the court. As a result of the counsel pleading no instructions, the appellants were proceeded ex-parte. On 8.2.1992, the learned trial Court passed an ex-parte decree against the appellants.
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