V.P.TYAGI, J. - (1.) THIS is defendant's appeal against the judgment and the decree passed by the learned Civil Judge, Kota, on 31st of January, 1973 in a suit for malicious prosecution filed by Rajaldas and four others.
(2.) THE facts giving rise to this suit are in a nutshell, as follows, Sudama son of Morajmal was implicated in a serious crime before the criminal court at Kota for having abducted a minor girl of plaintiff No. 2 Motumal. It is alleged that the other plaintiffs were taking keen interest in the prosecution of Sudama. According to the plaintiff, Laxman, who is the holder of the power of attorney on behalf of the defendant -appellant Anandram, had two relations Bhagchand and Jeewatram at Morvi in Saurashtra. Sudama's father Morajmal persuaded Laxman to see through the agency of his relations that a criminal case may be filed against the plaintiffs in the court at Morvi so that under that pressure they may come to terms and compromise the criminal matter pending in the court at Kota against Sudama. It is said to a Bhagchand filed a criminal case in a criminal court at Morvi against two the plaintiffs in which they were acquitted and a suit for malicious prosecution against Bhagchand has been decreed. Anandram, who appeared to be an acquaintance of Laxman, also instituted a criminal case against the four appellants and one Khattanmal, who died during the pendency of the Suit, under Sections 352, 504 and 506 Indian Penal Code in the court at Morvi. Those proceedings terminated in the discharge order issued by the Judicial Magistrate First Class, Morvi in criminal case No. 214 of 1987 on 28th of November, 1967. All the five plaintiffs, therefore, filed a suit for malicious prosecution against defendant -appellant Anandram and prayed for a decree for Rs. 12,479/ -. Anandram filed a written -statement denying the charge and came out with a plea that all the five plaintiffs went to Morvi. The defendant was an employee in a restaurant where one evening the plaintiffs went to take their dinner and demanded liquor to be served to them, when defendant Anand Ram informed the plaintiffs that liquor could not be served as it was a dry area, they called bad names to him and caught him by the neck to give a threshing. After three days of the alleged incident a complaint was lodged by Anandram in the court of the Judicial Magistrate First Class Morvi, which ended in the discharge of the plaintiffs who were accused before that court.
(3.) DURING the pendency of the suit plaintiff Khattanmal died.;