CHAGAN LAL Vs. KHIMA

JUDGEMENT

(1.) THIS is a plaintiffs second appeal in a suit for damages on account of malicious prosecution. The plaintiffs' suit was dismissed by both the courts.

(2.) THE plaintiff instituted the suit with the allegations that the defendant moved an application on 12 -4 -62 under Section 98 CrPC. before the Sub -Divisional Magistrate, Mount Abu in pursuance of which search was taken but ultimately the proceedings terminated in his favour and the property was ordered to be returned to him. It was alleged that the defendant was actuated by malice and that the application was based on false facts and there was no reasonable and probable cause for making the application. The plaintiff appellant claimed damages of Rs. 1200/ -.

(3.) AS many as seven issues were framed. The learned Munsiff, after recording the evidence of the parties dismissed the plaintiffs' suit. It was held that the plaintiff was prosecuted by the defendant but the proceedings did not terminate in favour of the plaintiff and it cannot be said that the prosecution was without reasonable and probable cause. The issue regarding malice was not found in favour of the plaintiff and ultimately the plaintiffs' suit was dismissed The plaintiff went in appeal b it the learned Civil Judge, Stroh dismissed the plaintiffs' appeal and it was held that the issue No. 2 and issue No. 3 were rightly decided by the learned Munsiff against the plaintiff, fosse No. 2 related to the termination of the prosecution in favour of the plaintiff and issue No. 3 related to the prosecution of the plaintiff without reasonable and probable cause. As a result of the concurrent findings the plaintiffs' appeal was dismissed. He nee this second appeal