GOPI CHAND Vs. VIJAY KAPOOR

JUDGEMENT

(1.) The impugned order dtd. 6/4/2022, passed by the learned Additional District Judge ("the learned ADJ") in CS DJ 3383/2017 (Vijay Kapoor v. Gopi Chand) allows two applications of the respondent and dismisses one application of the petitioner.

(2.) The applications of the respondent, allowed by the impugned order, were preferred under Order VI Rule 17 and Order VII Rule 14 of the Code of Civil Procedure, 1908 ("the CPC"), whereas the application of the petitioner, which stands dismissed by the impugned order, invoked Order VII Rule 11 of the CPC.

(3.) CS DJ 3383/2017 was instituted by the respondent against the petitioner, claiming damages from the petitioner for having subjected the respondent to malicious prosecution by allegedly registering, against the respondent, a false First Information Report (FIR), resulting in, inter alia, the respondent having to remain incarcerated for a protracted period of time and to face a trial which, according to the respondent, was completely without basis.