RAMVILAS Vs. GOPAL LAL

JUDGEMENT

(1.) THIS is a plaintiffs' second appeal in a suit for damages for malicious prosecution. The suit was decreed by the learned Civil Judge, Chittorgarh, for a sum of Rs. 1922/ -. The defendants then went in appeal and the learned District Judge, Partapgarh (Camp Chittorgarh), by his judgment dated 17-5-66 dealt with the preliminary question only whether the suit was barred by limitation and held that the suit was so barred. He accordingly dismissed the suit. Aggrieved by the judgment and decree of the learned District Judge, Partapgarh, the plaintiffs have filed this second appeal.

(2.) THE only point involved in this appeal is whether the suit filed by the plaintiffs was barred by time. In order to appreciate the point involved, it is necessary to state a few facts.

(3.) I accordingly allow the appeal, set aside the judgment and decree of the learned District Judge, Partapgarh, and remand the case to him for decision of the case on merits. Since the respondent has not opposed this appeal, I leave the parties to bear their own costs in this Court. .