KULDIP CHAND Vs. SHIV RAM THAKUR

JUDGEMENT

(1.) RESPONDENT No.1 Shiv Ram Thakur filed a suit against the present appellants and the State of Himachal Pradesh claiming damages for malicious prosecution. Though the State was impleaded as defendant No.4 in the suit no notice under Section 80 CPC was served upon the State nor any leave was sought under Section 80(2) CPC to file the suit without such notice.

(2.) THE trial Court framed issues and Issue No.6-A framed by the trial Court reads as follows:

(3.) AGAINST this order Shiv Ram Thakur filed an appeal before the District Judge, Shimla who dismissed the same vide his order dated 10th November, 1995. A Review Petition was filed and this Review Petition has been allowed and the appeal has been ordered to be re- heard vide the impugned order dated Ist June, 1998. Aggrieved against the said order dated Ist June, 1998 the present appeal has been filed.