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2006 DIGILAW 184 (PNJ)

Sat Narain v. Shakila

2006-01-23

HEMANT GUPTA

body2006
JUDGMENT HEMANT GUPTA, J. 1. The defendants are in revision aggrieved against the order passed by the learned trial Court, whereby application of the petitioners to stay the suit for damages on the ground that criminal appeal arising out of the conviction of the petitioners is pending before this Court, was dismissed. 2. The plaintiffs have sought damages on account of causing a death at the hands of the defendants. It is well settled law that criminal proceedings are not relevant for determining the amount of compensation, if any, payable to the claimants. Only the fact that there is a criminal case which results into conviction or acquittal, is a relevant fact, which shall be taken into consideration by the Civil Court while deciding the suit on the basis of evidence led. No case for staying of suit is made out. The order passed by the learned trial Court cannot be said to be suffering from any patent illegality or irregularity which may warrant interference in exercise of revisional jurisdiction of this Court. Hence, the present revision petition is dismissed.