MOHANLAL RAGHUNATH PRASAD Vs. DIWAN LACHHMAN SINGH

JUDGEMENT

(1.) THIS appeal arises out of a suit for the recovery of damages for malicious procecution. Defendant No. 2 -- Bala Shai had made a complaint against the appellant on the basis of which he was prosecuted under Sections 419 and 39d of the I. P. C. The result of that prosecution was that the appellant was discharged. The plaintiff's case is that the prosecution was malicious and in consequence he is entitled to damages. Bala Sahai was the Mukhtar Am and Karinda of Diwan Laxman Singh, who was made the first defendant. Both the defendants resisted the suit.

(2.) THE trial Judge passed a decree for Rs. 500/5/9 against defendant No. 2 but dismissed the suit against defendant No. 1. From that decree of the first Court, the second defendant preferred an appeal for the dismissal of the suit while the plaintiff took a cross-appeal to the District Judge for a decree to be passed in his favour against the first defendant also.

(3.) THE learned District Judge, Gwalior, allowed the appeal preferred by the second defendant and dismissed the plaintiffs suit on the ground that the plaintiff failed to establish want of reasonable and probable cause, and essential element in such a suit. Aggrieved by that judgment the plaintiff has come to this Court in second appeal.