MADHO LAL Vs. HARI SHANKER

JUDGEMENT

(1.) This second appeal filed by the defendant arises out of a suit for malicious prosecution. The Suit has been decreed by both the Courts below.

(2.) The only point, which has been argued in this appeal, is that the present suit having been instituted more than one year after the order of acquittal was barred by time.

(3.) A complaint under Sections 323/324/452, I.P.C. was filed by the defendant-appellant against the plaintiffs respondents on 8th June 1950. That complaint was dismiss ed and the plaintiffs were acquitted by an order dated 29th December, 1950. A revision against the order of acquittal was filed, which was dismissed on 31-8-1951. Thereafter the present suit was filed on 20-8-1952. The point for determination is whether the limitation in the case began to run from the order of acquittal passed on 29th December 1950 or from the order dated 31-8-1951 when the revision was dismissed.