DEWAN Vs. BUDDHU

JUDGEMENT

(1.) This is an appeal arising out of a suit for damages for malicious prosecution in respect of a charge made by defendant No. 1 against the plaintiffs under Section 347, Indian Penal Code. The other defendants are said to be the instigators and abettors of the charge. The claim was laid at Rs. 1,142. The Court of first instance found that the charge was false and groundless and made maliciously and without reasonable and probable cause. It decreed the claim for Rs. 305 on account of damages.

(2.) The learned Judge in appeal reversed the decree of the learned Subordinate Judge and has dismissed the suit.

(3.) The plaintiffs have appealed to this Court. The first ground raised in the appeal is that the appeal filed by the defendants in the Court below was filed long after the expiration of the period of limitation prescribed by law for the institution of appeals and that no explanation was given for the delay in the institution thereof which in law could be regarded as sufficient and adequate under Section 5 of the Limitation Act of 1908. Now the facts of the case, so far as they bear on this point are as follows: The learned Subordinate Judge pronounced his judgment in the case on 2nd December 1912 and a decree bearing that date was prepared in accordance with law.