MAHESH KUMAR Vs. MANOHAR LAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Petitioner who is the defendant in Money Suit No. 2 of 2004 instituted in the Court of Sub-Judge-I, Chaibasa for compensation for malicious prosecution has been debarred by the impugned order dated 10th September, 2004 (Annexure-2) from filing his written statement and recall petition has also been rejected by the order dated 27th May, 2005 (Annexure-4) also impugned herein.

(3.) As is the case of defendant (petitioner herein) the suit was instituted on 31st March, 2004 by the plaintiff (respondent herein) on cause of action said to have arisen on his acquittal in a criminal case bearing Chaibasa G.R.P.Case no. 6 of 2001 lodged by the defendant (petitioner herein) under Sections 395 and 412 of Indian Penal Code. The said criminal prosecution had ended in his acquittal as per the judgment passed by learned trial court vide order dated 13th Nov., 2003 after full-fledged trial as also averred at para 10 of the plaint. Plaintiff, therefore, prayed for compensation on the grounds of malicious prosecution by the defendant (petitioner herein). On 18th May, 2004 notices were issued upon the defendant which were received on 27th May, 2004. Petitioner sent an application on 9th June, 2004 which was received on 15th June, 2004 in the file of the court below seeking time to file written statement and showing his inability to appear at the relevant point of time apprehending danger to his life.