PALANI KUMARASAMIA PILLAI Vs. UDAYARNADAN

JUDGEMENT

(1.) In Second Appeal No. 1431 of 1905.-It is not necessary for us to decide whether, in a case where the Court finds under Section 491 of the Civil P. C. that an attachment under Section 483 was applied for on insufficient grounds, the party against whom the order for attachment was made in a suit for compensation must prove that the defendant acted maliciously. In the present case the lower appellate Court finds on the facts that the first defendant acted maliciously and without reasonable and probable cause.

(2.) The lower appellate Court awarded the plaintiff Rs. 256 by way of special damages and a further sum of Rs. 250 for general damages for loss of credit and reputation. Sir V. Bhashyam Ayyangar has contended that general damages are not recoverable. He conceded that ho had not been able to find any authority in support of this contention. It seems to us that an order under Section 483, Civil Procedure Code, where the application has been made on insufficient grounds, must necessarily cause damage to the credit and reputation of the party against whom the order is made, and we think general damages are recoverable. The principle of the decision in Quartz Hill Consolidated Gold Mining Company V/s. Eyre (1883) 11 Q.B.D. 674. is, in our opinion, applicable to a case of this sort.

(3.) The second appeal is dismissed with costs.