Allowed

Karan Singh v. Bhim Singh

Rajasthan HC4 Feb 2014CFA/323/2002

Case brief

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What is this about?

The High Court allowed two first appeals and remanded a civil suit for damages for malicious prosecution to the trial court. The lower court had dismissed the suit prematurely due to a pending bail application; this court ruled the suit must be decided on merits as the Section 482 petition was now dismissed.

What did the court decide?

Judgment of court below set aside, quashed and matter remanded back to trial court to decide matter afresh on merits.

Karan Singh Vs Bhim Singh — Civil Procedure and Limitation | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. JUDGMENT

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Amer Singh Vs. Bhim Singh & Ors.

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S. B. Civil FIRST APPEAL NO.321/2002.

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Karan Singh Vs. Bhim Singh & Ors.

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S. B. Civil FIRST APPEAL NO.323/2002.

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under Section 96 CPC against the judgment and decree dated 4.7.2002 passed by Additional District Judge No.1, Sikar.

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Date of Judgment : 04 February, 2014.

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HON'BLE MRS. JUSTICE NISHA GUPTA

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Ms Gyatri Rathore, for appellants. Mr Lalit Sharma for Mr Manoj Sharma, for respondents.

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BY THE COURT

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Both these first appeals under Section 96

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CPC have been filed against a common judgment and decree dated 4.7.2002 passed by Additional District Judge No.1, Sikar whereby suit of the appellants have been dismissed in respect of damages, hence these appeals are decided by this common judgment.

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The brief facts of the case giving rise to these appeals are that plaintiff appellants have filed a suit for damages on the ground of malicious

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prosecution that a false report has been filed by the respondents against them. After conclusion of investigation, the police has filed final report and trial Court has discharged the appellants. Before the court below, the contention of the respondents was that against the discharge order, petition under Section 482 Cr.P.C is pending and order has not get finality and after considering this aspect of the matter, the suit has been dismissed only on the ground that as petition under Section 482 Cr.P.C is pending, the suit is premature.

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The only contention of the present appellants before this Court is that now petition under Section 482 has been dismissed and order of discharge in favour of appellants has become final and his contention is that matter may be remanded back to the court below for consideration afresh on merits.

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The respondent has opposed the same but in view of the fact that the matter has not been considered by the court below on merits and only on the fact that petition under Section 482 Cr.P.C. was

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pending, the suit was dismissed.

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Hence in the light of above, judgment of the court below under appeal is set aside and quashed and matter is remanded back to the trial court to decide the matter afresh on merits. The parties are directed to remain present before the court below on 25.2.2014. The record of the court below be remitted forthwith.

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Both these appeals are accordingly allowed.

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(NISHA GUPTA),J.

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Gandhi/- 100-101 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.

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Brij Mohan (Sr. P.A.)

Karan Singh v. Bhim Singh

Case brief

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Karan Singh v. Bhim Singh

Case brief

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