VELJI BHIMSEY AND CO Vs. BACHOO BHAIDAS

JUDGEMENT

(1.) The plaintiff brought this action to recover damages for wrongful arrest and imprisonment.

(2.) The suit was dismissed by Mr. Justice Mulla and on an appeal from that decision, the Judges of the Appeal Court differed. The Acting Chief Justice was of opinion that there should be a decree for the plaintiff for Rs. 100 as damages. Mr. Justice Crump was of opinion that the appeal should be dismissed. Under Clause 30 of the Letters Patent, the opinion of the senior Judge prevailed. Accordingly there was a decree for the plaintiff for Rs. 100. But under Section 22 of the Presidency Small Cause Courts Act, as the plaintiff had recovered less than Rs. 300, no order was made with regard to his costs in the trial Court.

(3.) The plaintiff has now appealed under Clause 15 of the Letters Patent.