PIARO DEVI Vs. ANANT RAM

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge, Hamirpur, H.P. dated 18.3.2005, passed in Civil Appeal No. 100 of 2002.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellant -plaintiff (hereinafter referred to as the plaintiff), has instituted suit for recovery against the respondent -defendant (hereinafter referred to as the defendant). According to the plaintiff, the defendant had good relations with her husband Sh. Gurmit Singh. The defendant had borrowed certain money from her husband. The money was advanced to the defendant in the presence of respectable persons of the area. He promised to repay the loan money in a short time. As he did not refund the money, her husband demanded it from him. The demand so made offended the defendant who adopted indifferent and callous attitude towards her and her husband. In order to defame them, the defendant made a false and frivolous complaint to the Forest Department. The forest officials raided and searched their premises in the presence of the villagers and relatives etc. But, nothing incriminating was recovered. The defendant has also filed complaint on 15.6.1998 against one Sh. Makhan Singh, Branch Manager, Punjab National Bank, Garli to the Regional Manager, Punjab National Bank, Hamirpur. In the complaint, false and defamatory imputations were made against the plaintiff that she is not having good character and Makhan Singh regularly visits her house.

(3.) THE replication was filed by the plaintiff. The learned Sub Judge, Ist Class, Barsar, framed the issues on 30.5.2000. The suit was decreed with costs vide judgment dated 17.6.2002 for recovery of Rs. 2,00,000/ - with interest @ 9% per annum from the date of institution of suit till its realization. The defendant, feeling aggrieved, preferred an appeal against the judgment and decree dated 17.6.2002. The learned District Judge, Hamirpur, allowed the same on 18.3.2005. Hence, this regular second appeal.