GANGADHAR KALWAR Vs. MUSAMMAT SEKALI TELINI

JUDGEMENT

(1.) This appeal arises out of suit for damages for malicious prosecution.

(2.) It appears that the defendant (Gangadhar) brought a criminal case under Section 504, Indian Penal Code, against the plaintiffs, who are the mother, wife and brother's wife respectively of one Janaki Teli, against whom he had obtained a decree and taken out attachment of his homestead. The criminal case was dismissed and thereupon this suit for damages for malicious prosecution was instituted by the plaintiffs. The defendant (Gangadhar) also brought a suit for damages against the plaintiffs for having used abusive language to him (the defendant).

(3.) The suits were tried together upon the same evidence, but two separate judgments were pronounced. The suit instituted by the present defendant for damages against the plaintiffs for having used abusive language was dismissed and then the plaintiffs suit for damages for malicious prosecution was decreed. The defendant appealed to the lower Appellate Court in the suit for damages for malicious prosecution and did not appeal against the decree in the suit instituted by him. The learned District Judge held that the decision in the latter case operated as res judicata. He was also of opinion that if there was no abuse, there could have been no reasonable cause and upon that finding dismissed the appeal without coming to any finding upon the question of malice.