SATYA NAND Vs. BALBIR SINGH DHAWAN

JUDGEMENT

(1.) THIS is a Regular First Appeal filed by the appellants under Section 96 of the Code of Civil Procedure read with Section 20 of the H.P. Courts Act, 1976, against the judgment and decree of the Court of District Judge, Shimla, dated 1.1.2001, vide which the suit filed by the appellants as plaintiffs for recovery of Rs.2,12,000/ -for malicious prosecution at the instance of defendant/respondent was dismissed.

(2.) BRIEFLY stated, the facts of the case are that the appellants as plaintiffs filed a suit for recovery of the amount by way of damages for the alleged malicious prosecution at the instance of defendant Balbir Singh. It was alleged in the plaint that a false report had been lodged by the respondent, hereinafter referred to as the defendant against the plaintiffs at Police Station Rohru, on the basis of which an FIR under Sections 147, 148, 149, 323 and 506 I.P.C. was registered against the plaintiff, his two sons i.e. present appellants No. 2 and 3 and two other persons. The case was filed in the Court of learned Judicial Magistrate Ist Class, Rohru and the plaintiffs and others were tried for the said offence, but they were acquitted vide judgment dated 5.8.1997. It was alleged by the plaintiffs that the report lodged by the defendant was false. He had procured false witnesses during the course of investigation and as such, the complaint had been lodged falsely to harm the reputation of the plaintiffs. They accordingly, claimed a sum of Rs. 1,00,000/ -as damages for malicious prosecution, Rs. 1,00,000/ -as damages for the alleged defamation and Rs.12,000/ -on account of interest at the rate of 12% per annum on this amount.

(3.) ON the pleadings of the parties, the following issues were settled by the learned trial Court: -