S.S. Sodhi, J. - (1.) Challenged in appeal here is the wholly unwarranted order of the trial court declining permission to the Appellants to sue in forma pauperis on the ground that their application was barred by time.
(2.) The Appellants here are the widow and children of Karnail Singh deceased, who was murdered by the Respondents in village Sunner Khurd in Tehsil Phillaur Distt. Jalandhar. This happened on August 15, 1970. The respondents were tried and convicted for this murder by the Additional Sessions Judge, Jalandhar.
(3.) The Appellants thereafter on August 4, 1972 filed an application under Order 33 of the Code of Civil Procedure for permission to sue in forma pauperis to claim Rs. 50,000/ - as damages from the Respondents for the murder of Karnail Singh. This application was filed in the Court at Jalandhar. An objection was taken on behalf of the Respondents that the Court at Jalandhar lacked territorial jurisdiction. This objection was eventually up -held by the trial court at Jalandhar by its order of August 5, 1975. The application and plaint were accordingly ordered to be returned to the Appellants. This was actually done on August 7, 1975 and on the same day the application along with the plaint was presented in the Court of the Subordinate Judge at Phillaur along with an application under Ss. 5 and 14 of the Limitation Act seeking condonation of the delay .;