DEVIPUJAK POPATBHAI KARSANBHAI Vs. DEVIPUJAK KANTABEN

JUDGEMENT

(1.) Heard Mr.S.R.Yadav, learned advocate for the appellants.

(2.) This is an appeal under sec. 96 of the Civil Procedure Code 1908 ("the Code" for short) directed against the judgment and order dtd. 23/11/2017 whereunder the suit being Special Civil Suit No.60 of 2010 filed by the appellants against the respondents for damages on account of malicious prosecution came to be dismissed.

(3.) Mr.Yadav submits that mere filing of the complaint against the present appellants amounts to persecution. He further submits that upon registration of the FIR being CR No. I - 51 of 2010 for the offence under sec. 365 of IPC with Chanasma Police Station, the appellants went into hiding for 20 days. He submits that because of registration of the FIR, the appellants were shocked and they suffered mental agony and physical torture. He further submits that the appellants are in scrap business and their prestigious reputation was lowered in the assessment of their friends, relatives and neighbours. He submits that the court below has dismissed the suit of the appellants solely on the ground that appellants were not arrested in connection with the CR No. I - 51 of 2010 nor they had to attend the Court. He submits that the court below has dismissed the suit on wrong premises. Hence, the appeal deserves consideration.