Law: Civil Procedure Code (V of 1908)

Section: 9

(a) Civil Procedure Code (V of 1908)--- ----S. 9---Tortious breach by a State Corporation resulting in pure economic loss to its employee---Suit for damages for tortious liability against the State entity/Corporation---Maintainability---Civil Court, jurisdiction of---Civil Court did not lack jurisdiction to try such a suit--- In the absence of any law regulating tortious breaches resulting in pure economic loss, the Civil Court as a Court of plenary jurisdiction has the power as well as jurisdiction to entertain, adjudicate and decree suits for damages. (b) Tort--- ----Tort of interest in property---Economic loss---Proof and burden of proof---Suit for damages arising out of an employment matter---Jurisdiction of Civil Court to award decree for damages caused by mental agony and torture---Respondent in his suit claimed that by virtue of litigation that had ensued between the parties, the appellant (State Corporation) had committed a tort of interest in property; that he had to spend his financial resources as well as physical integrity insofar as he was subjected to face anxiety, mental stress of having to approach various legal fora, arrange legal representation and expend his limited financial resources for enforcement of his legitimate rights---Held, that the main physical, perceivable and ostensible damages that the Respondent had arguably suffered was monetary/ economic in nature---Respondent could claim redressal from such a tort but in proving economic loss, the evidentiary burden of proof was on a claimant---At the time of filing the suit the respondent had annexed and subsequently exhibited all the relevant documentary evidence including legal fees and certificates aggregating a sum of Rs.310,000/-, therefore he successfully discharged the onus of proof on him---During cross-examination of the respondent conducted by the appellant no suggestion had ever been made to the respondent that he had frivolously instituted the suit for damages; that he had not suffered any loss due to actions of the appellant; or that he had instituted the suit for damages as vendetta or to settle a personal grudge---In the absence of such suggestions, it would be deemed that…

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