ZILE SINGH Vs. JAI PAL

JUDGEMENT

(1.) Appellant-defendant Zile Singh has filed the present Regular Second Appeal to challenge the impugned judgment and decree dated 31.01.2017 passed by the Additional District Judge, Karnal as well as judgment and decree dated 16.05.2013 passed by the Civil Judge (Junior Division), Karnal.

(2.) Briefly, the facts of the case, as made out in the civil suit filed by plaintiff, are that plaintiff-Jaipal filed a civil suit for damages on account of false, frivolous and malicious prosecution lodged by defendant-appellant Zile Singh. It has been mentioned in the plaint that one Nathi Ram is the owner of certain agricultural land and defendant-appellant Zile Singh is son of said Nathi Ram.The defendant fraudulently procured a collusive decree from Kasturi Devi, wife of Nathi Ram. Subsequently, Kasturi Devi filed a civil suit challenging the earlier decree on the ground of fraud and thereafter, the suit was withdrawn due to compromise. Defendant-appellant Zile Singh not to create any hindrance in the remaining part of the land in the name of Nathi Ram. Zile Singh is stated to be in the habit of making false complaints. A Panchayat was convened which was attended by the plaintiff and the matter was decided in the said Panchayat. Defendant-appellant Zile Singh became inimical towards the plaintiff and started indulging him along with his father in the cases. He filed Criminal Misc. No.M-11492-M of 2003 before this Court. The matter was directed to be investigated by the police and the FIR was registered in compliance of order passed by this Court. Thereafter, the plaintiff filed a petition before this Court for cancellation of FIR by taking the ground that it was false and frivolous. During investigation of the case, the plaintiff was found innocent and the cancellation report was filed. The petition filed before this Court was dismissed as infructuous. Thereafter, several DDRs were got recorded and the matter was investigated by the police but the allegations were found to be false by mentioning that the defendant was in the habit of making false complaints to the police. A Kalandra under Sections 107/151 Cr.P.C filed before the Sub Divisional Magistrate was also dismissed. Criminal Misc. No.M-4346-M of 2009 was also filed before this Court and the order was passed on 16.02.2009. Other complaints as well as Civil Suit were also stated to be filed against the plaintiff. Due to false complaints, the reputation of the plaintiff was lowered down in the eyes of the society and he claimed compensation of Rs. 5 lacs from the defendant for the tort committed by him for filing false and frivolous complaints. Ultimately, the suit filed by plaintiff-Jaipal was decreed and he was held entitled to recover compensation to the tune of Rs. 51,000/- along with costs and interest @ 9% p.a from the date of filing of the suit till its actual realization. Said judgment and decree dated 16.05.2013 passed by the trial Court was challenged by defendant Zile Singh before learned Additional District Judge, Karnal by way of filing appeal under section 96 of CPC, which was also dismissed vide judgment and decree dated 31.01.2017.

(3.) The present Regular Second Appeal has been filed by defendant-appellant Zile Singh to challenge the judgment and decree passed by the trial Court as well as by the lower Appellate Court.