AMAR SINGH Vs. TARA DUTT

JUDGEMENT

(1.) This Regular Second Appeal by the plaintiffs have been directed against the judgment and decree dated 1-8-1988 of the learned Additional District Judge (I), Shimla, reversing the judgment and decree dated 17-3-1987 of the learned Sub Judge Ist Class (I), Shimla.

(2.) Briefly stated, the facts of the case giving rise to the present appeal are these. On the basis of the report made by the defendant to the police, the plaintiffs were prosecuted for the offence under Section 147, 504 and 447, Indian Penal Code and were acquitted by the learned Chief Judicial Magistrate, Shimla on 5-5-1983. A suit was, thereafter, filed by the plaintiffs for damages on account of malicious prosecution. It was averred that they were prosecuted by the defendant without reasonable and probable cause and that the defendant acted maliciously. Though the plaintiffs alleged that they suffered damages to the extent of Rs. 5,005/-, they confined their claim only to the extent of Rs. 6,000/-.

(3.) The defendant while resisting the suit admitted that the plaintiffs were prosecuted on the basis of his report. It was denied that the report was false or that the plaintiffs were maliciously prosecuted. It was averred that the plaintiffs were acquitted of the offences since they were able to win over the witnesses. It was also averred that State was a necessary party and that the plaintiffs were estopped by their acts and conduct from filing the suit.