MAHTAB SINGH Vs. HUB LAL

JUDGEMENT

(1.) The question for consideration in this case is whether the appeal filed by Chaudhri Mahtab Singh in a suit brought by him for damages for malicious prosecution, which was dismissed by the Court below, has abated by reason of his death. The suit arose out of a charge brought by the defendants Hub Lal and Gur Narain, against Chaudhri Mahtab Singh and certain other persons for having attacked them with lathis and caused them certain injuries. A trial followed, resulting in the acquittal of Chaudhri Mahtab Singh and the conviction of certain other persons for offences under Secs.141 and 323 of the Indian Penal Code. Hub Lal filed a revision against the order of acquittal of Chaudhri Mahtab Singh in the Court of the Sessions Judge of Mainpuri, but the learned Sessions Judge upheld the order of the trying Magistrate and held that Mahtab Singh was not present at the time of the riot and had been falsely dragged in.

(2.) In the present suit Mahtab Singh claimed Rs. 6,500 damages for malicious prosecution, and in the detail given by him in the plaint he demanded Rupees 2,000 as compensation for physical distress, Ra. 1,500 as compensation on account of loss of reputation (badnami) and Rs. 1,500 on account of costs incurred by him in his defence. The Court below found that the charge brought by Hub Lal and Gur Narain was not unfounded and that there was evidence to show that Mahtab Singh did take part in the affray.

(3.) Since the institution of this appeal Mahtab Singh died and subject to any legal objection as may be open to the other side, his legal representation, namely, his mother and widow, were brought on the record in his place. Suits for damages for defamation and for damages for malicious prosecution are in a sense allied. The institution of a criminal proceeding by one individual against another tends to a publication that he is guilty of the crime, for which he is being prosecuted, though the direct object may be either to secure his punishment or to harass or annoy him. There may be mental and physical distress caused by such a charge besides loss of reputation for the time being but the injury caused by such a charge is, at all events personal in its nature, and when the man to whom such injury has been caused dies without having instituted a suit for the recovery of compensation or before that suit has been adjudicated in his favour, his right to sue or to continue the suit does not survive to his heirs. A personal action dies with the man and a right to claim damages for malicious prosecution, arising out of a charge of rioting and grievous hurt such, as was brought in this case dies with the man who professes to have been injured by it.