DAYA RAM Vs. GANESH RAM

JUDGEMENT

(1.) This is a revision petition filed by defendant in a suit filed by the non-petitioner claiming damages for malicious proceedings against the petitioner. The petitioner moved an application under Order 7, Rule 11, CPC for rejection of the plaint contending that such a suit was not entertainable in view of Section 35A of the Code of Civil Procedure. The trial Court rejected the application against which this revision petition has been filed.

(2.) The learned counsel contended that suit claiming damages for malicious proceedings would not lie in view of the provisions of cost and special costs made in the Code of Civil Procedure.

(3.) A perusal of the plaint would show that it was alleged that the revision petitioner had complained to the City Improvement Trust about an encroachment on public land. According to the plaintiff he had to appear before the authorities several times and suffered inconvenience and expenses in that. It is also averred in the plaint that the Municipal Council, Jodhpur and City Improvement Trust, Jodhpur issued notices to the plaintiff and he had to suffer a loss of Rs. 1,000/- on defending the actions. It is also contended that a civil suit was filed by the revision-petitioners against the plaintiff in which an injunction was claimed. The temporary injunction application was dismissed and the suit was also ultimately dismissed. Revision applications also had to be fought by the plaintiff. Total damages for malicious proceedings is claimed at Rs. 24,000/-, the break-up of which is given in paragraph 9 of the plaint.