ANSAR BASHA Vs. MOHAMED ABDUL RAHADIR

JUDGEMENT

(1.) THE prayer in the Suit is for compensation of a sum of Rs.55,00,000/- in respect of the proceedings taken against the plaintiff in the Criminal Court, resulting in acquittal.

(2.) THE Suit is opposed by the respondents herein on the ground that the filing of the Suit is barred by limitation as per Article 74 of the Limitation Act, which prescribes only one year limitation from the date of acquittal.

(3.) THE plaintiff has filed a counter to this allegation stating that as per Article 137 in third division of the Limitation Act, the period of limitation is 3 years for filing a Suit. THE cause of action had arisen merely on the malicious prosecution because of the tortuous act in making Complaints against this plaintiff. He places reliance on the following decisions of the Supreme Court