Law: Civil Procedure Code (V of 1908)

Section: 96

Law: Civil Procedure Code (V of 1908)

Section: 96

(a) Suit for damages-------Forcible and wrongful confinement---Plaintiff who fell in mental sickness was taken to the hospital for treatment, where he remained under treatment for two days---Plaintiff being aggrieved with such treatment and considering the same as confinement, filed suit for damages---Trial Court decreed the suit and granted Rs.24,000 as damages in favour of the plaintiff and against the defendants---Appellate Court below upheld and decree passed by the Trial Court---Validity---Plaintiff remained in hospital for two days and his claim that he was under confinement, was not established---No record was produced by the plaintiff to prove that he was illegally and forcibly taken or admitted in hospital; and he had no mental sickness needing any treatment in the hospital at the relevant time---Defendants appeared to have acted bona fide and no evidence was available against their malice or ill designs thereagainst---Most of the defendants, including the Medical Officers seemed to have had no reason to forcibly keep the plaintiff in the mental hospital and released him of his such presumptive confinement after two days---Bare words of the plaintiff could hardly serve the purpose of law applicable to claim the suit---Trial Court, believed the plaintiff, without applying its mind and looking into the facts leading to the initiation of the suit proceedings, and grounds taken by the Trial Court, did not constitute justifiable reason or ground to decree the suit for damages---Trial Court was not justified in ignoring the main factors requiring consideration before coming to the conclusion arrived at on its part---Nothing was available in the findings of the court to show as to how the assessment of damages was made to the tune of Rs.24,000 particularly when there appeared no evidence led by the plaintiff in that respect---Appellate Court below, was not justified in giving no findings on merits against impugned and decree passed by the Trial Court, in terms of S.96, C.P.C. and norms of law and practice applicable in that regard were sidelined---Law of damages having not properly been considered or appreciated, conclusion arrived at through the and decree…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492