GAJANAND Vs. VISHNU

JUDGEMENT

(1.) The instant civil first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 27-8-1981 passed by the learned District Judge, Sikar in Civil Original Suit No. 12/1976, whereby the suit of the plaintiff has been dismissed against defendants Nos. 1, 2, 3, 5 and 7 but has been decreed for a sum of Rs. 5,000/- against defendant No. 6 Dhanna Ram with proportionate costs.

(2.) Briefly stated, the relevant facts giving rise to this appeal are that plaintiff-appellant Gajanand (since deceased) was detained in custody under the Defence and Internal Security of India Rules, 1971 pursuant to the notification issued by the President of India on June 26, 1975 during the emergency imposed in the country. It was alleged that the respondents who were his political rivals had got him arrested on a false accusation due to mala fides and as a result thereof, he had to not only undergo harassment and hardship in the custody, but his social prestige was also jeopardized. After his release from custody, he filed a Suit for damages for a sum of Rs. 20,000/- on account of malicious prosecution. The respondents herein refuted the allegations levelled in the suit. The learned Court below framed six issues in the suit. After taking evidence of the parties and affording an opportunity of hearing to both sides, the suit was dismissed as against other defendants except defendant No. 6 Dhanna Ram against whom the suit was decreed as indicated above.

(3.) Aggrieved by the said judgment and decree, the pLalntiff-appellant preferred an appeal against the respondents including Dhanna Ram. Dhanna Ram had also filed a separate appeal for the judgment and decree passed as against him. The same was disposed of as abated as his legal representatives were not brought on record during the pendency of the appeal filed by him. During the pendency of the appeal, pLalntiff-appellant Gajanand also expired and his legal representatives have been substituted in his place. Similarly, respondent No. 3 Vishambhar Dayal and respondent No. 4 Gopal also died and proceedings as against them were dropped.