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1993 Supreme(P&H) 648

S.K.JAIN
Kirpal Kaur And Ors. – Appellant
Versus
Kulwant Kaur And Ors. – Respondent


Judgment

S.K.Jain, J.

1. One Sucha Singh was murdered. Didar Singh and Kulwant Singh were arrested, challaned, charged and tried under Section 302 of the Indian Penal Code for the said murder. The learned Sessions Judge, Jalandhar acquitted Kulwant Singh but convicted and sentenced Didar Singh vide his judgment and order dated 27.10.1977. On appeal this Court acquitted Didar Singh also. The widow of Sucha Singh and others filed civil suit against Didar Singh claiming compensation for the murder of Sucha Singh. Mr. B. S. Cheema, Advocate was defending the suit on behalf of the defendant Didar Singh. On 26.7.1980, the said Advocate pleaded no instructions and, therefore, vide his judgment and decree dated 27.8.1980, Sub Judge 1st Class, Nawashahar, decreed the suit for recovery of Rs. 67,200/- ex parte. On 15 6 1982, the defendants filed an application for setting aside the ex parte decree which was dismissed on 6.9 1984. Appeal against that order failed on 26.7.1985. That order was challenged in Civil Revision No. 2424 of 1985 which was dismissed in limine on 24.10.1985 by this Court. Special Leave Petition No. 852 of 1991 was filed against that order. The Supreme Court remanded the











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