Whether a claim for damages can be decreed when the suit is premature?

Raghbinder Singh vs Bant Kaur and Others (2010) 8 MLJ 1028 (SC)

Civil proceedings for damages for offence of murder - Criminal Proceedings pending before High Court - Order of payment of compensation - Filing of Civil Suit before adjudgment of culpability in Criminal trial - Plea of non-maintainability of suit suit on ground of being premature - Scope of.

FACTS IN BRIEF:

Aggrieved by the judgement and order of the High Court ordering compensation to the plaintiffs/respondents for the loss of dependency and mental agony suffered by them caused by the murder committed by the appellant, appeal has been filed by the appellant.

A suit of a civil nature even if filed before the date on which the Plaintiff became actually entitled to sue and claim damages based on a cause of action of a suit, need not be dismissed for that reason. The Court possesses jurisdiction to entertain the suit and to pass a decree which is of discretionary in nature.