GOPAL PRASAD SHASTRI Vs. SUBHASH CHAND VERMA

JUDGEMENT

(1.) THIS first appeal is filed under Order 43 (1)(d) CPC against the impugned order of the Court below dated 29th August, 2012 by which the Court below has dismissed the application filed by the appellants -defendant nos. 1 and 2 under Order 9 Rule 13 CPC. The application under Order 9 Rule 13 CPC was filed for setting aside the ex -parte judgment and decree dated 20th November, 2009 for a sum of approximately Rs. 2,32,000 along with interest. The subject suit was filed on account of the claim of respondent nos. 1 and 2 -plaintiffs of their being maliciously prosecuted by the appellants along with other persons as a result of which the respondent nos. 1 and 2 -plaintiffs were imprisoned for four days and and were suspended from their job for 24 months.

(2.) (i) The Court below has dismissed the application by arriving at two important conclusions. The first conclusion is that the appellants -defendant nos. 1 and 2 falsely contended that the suit was compromised on the appellants -defendant nos. 1 and 2 paying an amount of Rs. 10,000/ - to the respondent nos. 1 and 2 -plaintiffs,inasmuch as there was no proof of payment of this amount of Rs. 10,000/ - to the respondent nos. 1 and 2 - plaintiffs and much less a document existed to show the settlement of disputes which were the subject matter of the suit. To the aforesaid conclusion of the Court below I would like to add that it would be very strange that the suit for approximately an amount of Rs. 2,32,000 with interest would be settled for a sum of Rs. 10,000/ -. The suit was originally filed for a sum of Rs. 5 lakhs approximately, but the same was decreed for an amount about Rs. 2,32,000/ - in favour of the respondent nos. 1 and 2 - plaintiffs.

(3.) IN view of the above, there is no merit in the appeal, and the same is therefore dismissed, leaving the parties to bear their own costs.