BALDEO SINGH Vs. PYARELAL

JUDGEMENT

(1.) THIS is a second appeal by the legal representatives of the Plaintiff in a suit for damages for malicious prosecution. It was alleged by the Plaintiff Hajrarilal who is now dead that the Defendants Pyarelal and. Khyali made a report to the police against him alleging that he had murdered Asaram a brother of the Defendants; that acting on this report the police took up investigation and presented a 'challan' against him on the charge of having murdered Asaram; and that he was tried by the Sessions Court and ultimately acquitted of the charge.

(2.) AFTER hearing Mr. Prabhudayal Gupta, learned Counsel for the Appellant, I have reached the conclusion that this appeal is devoid of any substance and must be dismissed. In an action of this character the Plaintiff must establish 'inter alia' the following propositions, namely, (1) that the Defendant acted without reasonable and probable cause; and (2) that the Defendant acted maliciously.

(3.) MR . Prabhudayal Gupta while admitting that the, Plaintiff did not produce any evidence to prove the facts operating on the Defendants' mind when they made the report to the police, made a plea for sending back the case to the trial Court and for giving hin an opportunity to produce further evidence on the ground that proper issues had not been framed in the suit.