Law: Civil Procedure Code (V of 1908)

Section: O.VIIR.11,S.115,2(2)(9)

Law: Civil Procedure Code (V of 1908)

Section: O.VIIR.11,S.115,2(2)(9)

(a) Tort-------Malicious prosecution---Suit for damages---Necessary ingredients---Plaintiffs had filed a suit against defendant for recovery of Rs.3,00,000 as damages on account of institution of suit against them by the defendant, on grounds that same was false, illegal and without any entitlement---Necessary ingredients of suit for damages were that the plaintiff was under the onus to show that he was prosecuted by the defendant in a false litigation; that prosecution terminated in favour of the plaintiff; that prosecution was malicious; that the prosecution was without reasonable and probable cause; that the proceedings had interfered with the plaintiff's liberty and had also affected his reputation and that the plaintiff had suffered damages---Was incumbent upon the plaintiffs to prove all said requirements, but they failed to substantiate the same through reliable evidence---Plaintiffs also did not bring on record any proof that suit filed by the defendant against them was based upon mala fide or any malice---Plaintiffs had not pleaded and said anything during their deposition before the court that defendant had filed the suit without reasonable and probable cause and was based on malice---Mere allegation that the suit of the defendant was false, against the law and without any rhyme or reason, was not sufficient to meet the requirement of law---Trial Court had not considered the pleadings as well as evidence for arriving at a conclusion that the grant of damages for malicious prosecution was justified or not---Plaintiffs besides their own statement, could not produce any other documentary and oral evidence to substantiate their claim of award of damages---Appellate Court, in circumstances had rightly dismissed the suit of plaintiff---No illegality or material irregularity having been committed by Appellate Court while deciding the appeal; of Appellate Court could not be interfered with, in circumstances. Abdur Rauf. v. Abdur Razaq and another PLD 1994 SC 476 and Mst. Amna v. Nizamuddin 1985 MLD 271 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction, exercise of---While hearing revision petition under S.115, C.P.C., High…

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