Law:

Section:

(a) Malicious prosecution--- ----Suit for damages---Appeal---Pecuniary jurisdiction---Additional District Judge had no jurisdiction to entertain the appeal but High Court was the forum where such appeal lays. (b) Civil Procedure Code (V of 1908)--- ----O. XVII, R. 3---Malicious prosecution---Damages---Closure of evidence---Plaintiff filed suit for malicious prosecution and for recovery of damages of Rs. 50,00,000---Suit was dismissed by the Trial Court due to failure of plaintiff to produce evidence---Validity---Plaintiff was to prefer the appeal against the and decree of the Trial Court before the High Court but he preferred appeal before the Addl. District Judge when the value of the suit for the purpose of pecuniary jurisdiction was Rs. 50,00,000 mentioned by him in the plaint and was also evident from the decree sheet---Suit of the plaintiff was dismissed by the Trial Court on 28-5-2012 and he preferred the appeal before the High Court on 18-12-2012 after dismissal/return of his appeal on account of lack of pecuniary jurisdiction which was barred by time---Counsel for the plaintiff could not give reasonable and plausible justification as to why the plaintiff preferred appeal before the Addl. District Judge knowing the fact that he had got no jurisdiction to hear and decide the same on account of having no pecuniary jurisdiction exceeding Rs. 10,00,000--Additional District Judge had rightly dismissed the appeal for lack of jurisdiction---Appeal was dismissed in limine. (c) Limitation Act (IX of 1908)--- ----Preamble---Object of law of limitation---Law of limitation could not be considered merely a formality but the same was required to be observed and taken into consideration being mandatory in nature---Purpose of law of limitation was to help the vigilant and not the indolent and helping hand could not be extended to a litigant having gone into deep slumber, on having become forgetful of his rights. THIS ORDER PASSED BY: SHAH JEHAN KHAN AKHUNDZADA, JUSTICE:---.--- Khan Shahzada appellant/plaintiff brought a suit against respondents/defendants for the recovery of Rs.50,00,000 (Rupees Fifty lac) for damages, on account of mental torture, defamation of the…

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