MEENA CHOUHAN Vs. BAIJNATH CHOUHAN

JUDGEMENT

(1.) Instant civil miscellaneous petition has been filed for quashing and setting aside the order dtd. 9/9/2021 passed in Original (Money) Suit No.35 of 2020 by learned Civil Judge (Senior Division)-I, Tenughat, Bokaro whereby the learned Court below rejected the petition dtd. 10/3/2021 under Order VII Rule 11(a) of the C.P.C. wherein the objection raised by the petitioner regarding the maintainability of the suit in question has been rejected.

(2.) Petitioner is the defendant in Original (Money) Suit No.35 of 2020 which has been filed by the respondent- Baijnath Chouhan @ Baijnath-III for damages suffered by him due to filing of the false and vexatious C.P. Case 392 of 2013 against the plaintiffs and four others in which they have been acquitted of the charges under Ss. 448, 323, 379 and 354 of the I.P.C. It has been pleaded that because of the false criminal case, the plaintiff has suffered a paralytic attack and had to be admitted in the hospital on 9/2/2014. He also suffered stigma because of the malicious persecution.

(3.) The learned Court below rejected the petition filed by the defendant under Order VII Rule 11a of the C.P.C. on the ground that the defence of the defendants cannot be considered at this stage and the plaint disclosed valid cause of action.