PRITHI CHAND & OTHERS Vs. KASHMIR SINGH

JUDGEMENT

(1.) In this Regular First Appeal, filed under the provisions of Section 96 of the Code of Civil Procedure, correctness of judgment and decree dated 10.2.2006, passed by District Judge, Hamirpur, Himachal Pradesh, in Civil Suit No.6 of 2013, titled as Kashmir Singh v. Prithi Chand & others, is under challenge.

(2.) Plaintiff-Respondent Kashmir Singh (hereinafter referred to as the plaintiff) filed a suit for recovery of Rs. 7,00,000/- as compensation against the defendants-respondents Prithi Chand, Milap Chand, Ishar Singh,Pritam Chand, Nek Chand and Hari Chand (hereinafter referred to as the defendants), on the premise that on 5.12.1995, amongst other villagers, defendants filed a false complaint (Ex.PW-1/A), alleging embezzlement of funds of the Society, in which plaintiff was working as a Salesman. The said complaint came to be dismissed on 8.1.1999, with the allegations found to be untrue. Even thereafter, the defendants ensured that the plaintiff is socially boycotted in the village. As such, on 25.4.2003, suit for damages came to be filed.

(3.) Defendants resisted the suit, inter alia, on the ground of delay, non-joinder of necessary parties and malicious prosecution.