LAXMINARAYAN SONI Vs. ROOP CHAND SONI

JUDGEMENT

(1.) This civil revision is directed against the order dated 31.7.1998 passed by the Additional District Judge in Suit No. 521 /95 whereby and whereunder the Court in purported exercise of jurisdiction under Order 7 Rule 11, CPC rejected the plaint filed by the petitioner wherein he claimed damages for malicious prosecution against the defendant. The defendant had filed a complaint under Sections 406/420, IPC alleging that the petitioner wanted to cause injury to him whereupon the same was registered as Complaint Case No. 87/87.

(2.) By judgment dated 11.8.1992 the petitioner was acquitted in the said criminal case by the Judicial Magistrate, Sujan Garh, Rajasthan. Against the said order, the complainant filed a revision petition before the High Court and also filed an appeal before the Sessions Judge. The revision petition was dismissed on the ground that it was not maintainable. By order dated 27.4.1995 the appeal was dismissed by the Additional Sessions Judge. Petitioner filed the above suit on 20.12.1995. It is not in dispute that the limitation for institution of suit would be covered by Article 74 of the Schedule appended to the Limitation Act, 1963.

(3.) The contention which was raised before the Court below was that having regard to the fact that the revision petition was dismissed by this Court on 24.11.1994, the time for institution of the suit was to run therefrom and not from the date when the appeal was dismissed by the Additional Sessions Judge on 27 4.1995. The said contention WAS raised bv the defendant, opposite party. The District judge by reason of the impugned judgment rejected the plaint holding :