A DHANASEKARAN Vs. V K O RAMANATHAN CHETTIYAR

JUDGEMENT

(1.) THIS revision arises out of the order of the Principal Subordinate Judge, Salem, dated 27. 03. 2001, made in I. A. No. 169/2000 in O. S. No. 569/1995, dismissing the petition filed under Or. 14, R. 5 CPC to frame additional issues. Plaintiff is the Revision Petitioner.

(2.) PLAINTIFF is the youngest son of late Arthanarisamy Chettiar. The second Defendant Vijayalakshmi married the Plaintiff's elder brother Balasubramanian in 1977. Differences arose between the spouses. The second Defendant has lodged a criminal complaint alleging demand of dowry and dowry harassment - under Section 4 and 6 of Dowry Prohibition Act and Sec. 498-A IPC. On the basis of the complaint, a case was registered in Cr. No. 1967/1987. In connection with the said case, the Plaintiff was arrested on 19. 11. 1987 at about 9 am, at his home and he was paraded on the road and later remanded to judicial custody. Later, the police did not prosecute Cr. No. 1967/1987. Further proceedings in Cr. No. 1967/1987 was dropped on 28. 11. 1994. The Plaintiff and his family members were absolved of the charges.

(3.) O. S. NO. 569/1995:-THE Plaintiff has filed this suit claiming damages of Rs. 2,00,000/- for malicious prosecution. According to the Plaintiff, at the time of his arrest, he was subjected to humiliation by parading him in the street. He has suffered mental stress and pain coupled with torture during his remand period. News was given in Malai Murasu and in Daily Thanthi. The second Defendant had also implicated the Plaintiff in her civil proceedings against her husband Balasubramaniam in O. P. No. 108/1987 for maintenance and for return of jewels. That suit has been filed not only against Balasubramaniam, but also against other family members. Contending that by the confinement for six days in prison, he has lost his prestige and that his marriage proposals were abandoned, the Plaintiff has filed this suit claiming damages of Rs. 2,00,000/ -.