GOPI RAM Vs. LOK RAM ALIAS LOK NATH

JUDGEMENT

(1.) The defendant Gopi Ram has brought his appeal against an appellate decree of the Additional District Judge, Ferozepur, modifying the decree of the trial Court and thus decreeing a sum of Rs. 1000 instead of Rs. 500 as damages which had been decreed by the trial Court.

(2.) In a pre-emption suit brought by the appellant Gopi Ram against Hukam Chand and others amended plaint Ex. D.1 was filed by the plaintiff Lok Ram on the 17th December, 1946. It is immaterial as to what the amendment was. On the 19th May, 1947, the defendant Gopti Ram made a complaint to the District Judge, Ferozepur, alleging that the plaintiff who was appearing as his pleader in that case had colluded with the other party, had put in an amended plaint without the instructions of the defendant and asked for action being taken under sections 13 and 14 of the Legal Practitioners Act. The defendant on the 14th November, 1947, made a further application to the District Judge making allegations that he was made to sign a statement by his vakil, meaning the plaintiff in the present case. The defendant made another complaint to the District Judge that certain words in the amended plaint had been entered without the instructions of the client and also that the plaintiff had made a statement in Court which was without instructions. The District Judge enquired into the complaints and on the 2nd of December, 1947, held them to be false.

(3.) The plaintiff Lok Ram who is an Advocate of Zira, therefore, has brought the present suit for recovery of Rs. 1,000 as damages alleging that he had been maliciously proceeded against and that the allegations made against him were libellous which has caused him a great deal of loss in reputation and time and he had to expend a fair amount of money in defending the application which was made by the defendant.