TOTA SINGH Vs. NATHIYA DEVI @ BINA DEVI

JUDGEMENT

(1.) The present appeal has been instituted by the appellant/plaintiff assailing the judgment and decree whereby the learned District Judge, Sangrur, allowed the appeal preferred by the respondent/defendant and consequently set aside the well-reasoned judgment rendered by the learned Additional Civil Judge (Senior Division), Moonak.

(2.) Briefly stated, the appellant/plaintiff instituted a suit for recovery of damages along with interest on account of alleged malicious prosecution and defamation. The grievance arises from FIR No. 135 dtd. 6/11/2006, registered under Sec. 306 read with Sec. 34 of the Indian Penal Code at Police Station Moonak at the instance of defendant No. 1, Nathiya Devi @ Bina Devi, against Geena Devi and others on allegedly false and fabricated facts.

(3.) The defendants contested the suit by filing a written statement, wherein all material allegations were denied. It was specifically averred that the FIR in question had been lodged on true and correct facts. It was further pleaded that statements were duly recorded, and upon due appreciation of the evidence on record, the appellant/plaintiff and others were rightly summoned, and that no case of malicious prosecution was made out.