THAKDI HAJJI Vs. BUDRUDIN SAIB

JUDGEMENT

(1.) This is an appeal from a judgment of Boddam, J., by which the learned Judge awarded the plaintiff Rs. 1,000 damages in a suit, for damages for malicious arrest.

(2.) The material facts and dates are shortly as follows: On January 6 1904, the defendant obtained a decree against the plaintiff for Rs. 40,000 with interest and costs. On January 25th, on an ex parte application by the plaintiff for a stay of execution pending appeal, an order was made that notice should go to the defendant to show cause why the order should not be made, and an interim stay was granted on the terms of the plaintiff paying into Court, within three days, the amount of the decree with interest and costs. The amount of the decree with interest and costs was paid into Court by the plaintiff.

(3.) On February 11 the application for a stay of execution was dismissed with costs. No formal order was made discharging the order for an interim stay.