MANIK DAS Vs. SUBAL CHANDRA DHAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. A. Das Gupta, the learned Counsel appearing for the appellant (defendant No. 5). Also heard Mr. S.M. Chakraborty, the learned Senior Counsel appearing for the plaintiff (respondent).After the plaintiff was acquitted in a criminal case filed against him by the appellant, the Money Suit No. 5/2007 was filed by him claiming damage for malicious prosecution against the informant and the conniving police officers. Earlier on the basis of the F.I.R. lodged by the appellant (respondent No. 5), the plaintiff was taken into custody in the Belonia P.S. Case No. ST 21 (ST/B)/2006 and he was made to suffer humiliation amongst his co -villagers. Eventually the plaintiff was acquitted by the learned Addl. Sessions Judge, Belonia on 26.8.2006 in that case and in the acquittal judgment, the following observation was recorded by the learned Trial Court:

(2.) IN the damage suit i.e. the Money Suit No. 5/2007 the plaintiff's plea was that the appellant filed a false complaint only because, the plaintiff and others objected on the poor quality of the border fencing works executed by the appellant and that the F.I.R. was filed without any factual foundation. The plaint stated that the defendants prosecuted the plaintiff maliciously for which the plaintiff suffered immense damage to his reputation and physical well being.

(3.) AFTER the pleadings were exchanged, the learned Civil Judge (Junior Division), Belonia, South Tripura framed the following issues :