- (1.) This is plaintiffs' second appeal challenging the judgment and decree of the first appellate Court dated 30.10.2012 whereby appeal filed on behalf of the defendant-respondents has been accepted and the judgment and decree of the trial Court dated 14.09.2011 has been set aside.
(2.) In brief, facts of the present case are that one Constable Jagtar Singh son of the appellants died in harness during his service on 02.04.2003 under suspicious circumstances and an FIR bearing No.45 dated 02.04.2003 under Sections 306/34 IPC was registered at Police Station Talwandi Sabo against respondent No.4 (defendant No.1) Rajbir Kaur, her father Nachhattar Singh, her brothers Rupinder Singh and Jaskaran Singh. The aforesaid case was decided on 21.03.2005 by the Additional Sessions Judge, Bathinda convicting Nachhattar Singh, father in law of Jagtar Singh; whereas, other accused were acquitted by giving them the benefit of doubt. However, appeals/revisions filed against the aforesaid judgment are still pending. It is further case of the plaintiff-appellants that they are dependant parents of late Constable Jagtar Singh and are his family members and legal heirs. They are entitled to receive his death-cum-retiral benefits to the extent of 1/2 share and they cannot be excluded from the list of family members of Jagtar Singh. After the death of Jagtar Singh, the plaintiff-appellants approached respondent No.3 for releasing deathcum- retiral benefits of their son Jagtar Singh, but he did not pay any heed to the request of the plaintiff-appellants. Thereafter, the plaintiffappellants approached this Court by filing CWP No.11716 of 2005, which was disposed of vide order dated 01.08.2005 directing respondent No.3 to take decision upon the representation/justice demand notice of the plaintiff-appellants by passing a speaking order.
(3.) Thereafter, they were called by respondent No.3 and their statements were recorded and the matter was kept for pronouncing the orders. Thereafter, respondent No.4 (defendant No.1) filed a Civil Suit for declaration in the Court of Civil Judge (Senior Division), Bathinda on 05.09.2005 against the State of Punjab and others. In the meantime, plaintiff-appellants received an order dated 01.12.2005 passed by respondent No.3 vide which it was ordered that Rajbir Kaur-respondent No.4 was entitled to all the retiral benefits of late Constable Jagtar Singh and denied the death-cum-retiral benefits to the plaintiffappellants and Gursimran Kaur, minor daughter of Jagtar Singh. The appellants, who were arrayed as defendants in the Civil Suit, appeared through their counsel and filed written statement and also an application for interim relief of staying the implementation of the order passed by respondent No.3. On coming to know this fact, Rajbir Kaur plaintiff in the suit withdrew the said suit on 18.01.2006. Thereafter, she started threatening the plaintiff-appellants that she will collect deathcum- retiral benefits of Constable Jagtar Singh. The plaintiff-appellants requested the defendants to admit their claim and treat the order dated 01.12.2005 passed by respondent No.3 as illegal and not to exclude them and defendant Gursimran Kaur out of these benefits. Since claim of the plaintiff-appellants was not admitted, necessity arose to file the instant suit.;