L.N.MITTAL,J. - (1.) C . M. No. 4638-C of 2011 and Main Appeal : Defendant Bharat Singh having failed in both the courts below has filed the instant second appeal.
(2.) SINCE the amount claimed in the suit was Rs. 25,000/- only, Regular Second Appeal is not maintainable in view of Section 102 of the Code of Civil Procedure. This fact was pointed out to counsel for the appellant on the preceding date of hearing. In view thereof, appellant has moved C. M. No. 4638-C of 2011 to treat the Regular Second Appeal as Civil Revision petition. The prayer is allowed. The appeal is treated as Civil Revision petition. Be registered as such. Respondents/plaintiffs Partap Singh and Surender Singh filed suit against defendant/appellant for recovery of Rs. 25,000/- as compensation for their malicious prosecution at the hands of defendant/appellant. Admittedly, defendant lodged FIR No.470 dated 24.11.1997 under Sections 452, 427, 380 of the Indian Penal Code in Police Station Sadar Dadri against the plaintiffs and some other persons. The plaintiffs were arrested during investigation of the said case and were granted bail on 05.09.1998. After attending eight dates of hearing in the said case, discharge report was submitted by the Police in the Court on 27.03.2001 and accordingly, learned Judicial Magistrate, Charkhi Dadri, vide order dated 27.03.2001, discharged the plaintiffs. The plaintiffs claimed Rs. 25,000/-as compensation for their malicious prosecution in the instant case. The defendant, while admitting that he had lodged the instant FIR, inter alia pleaded that discharge report was submitted by the Police in connivance with the plaintiffs and notice thereof was never served on the defendant. It was also pleaded that plaintiffs suffered no pecuniary loss or loss of reputation by lodging of the aforesaid case by the defendant. Various other pleas were also raised.
(3.) LEARNED Civil Judge (Junior Division), Charkhi Dadri, vide judgment and decree dated 17.08.2009, partially decreed the plaintiffs' case holding plaintiff no.1 only to be entitled to Rs. 12,500/-. First appeal preferred by defendant has been dismissed by learned Additional District Judge, Bhiwani, vide judgment and decree dated 12.11.2010. Feeling aggrieved, defendant has filed the instant revision petition.;