Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Tort--Malicious prosecution---Suit for damages--Malicious prosecution was malicious institution against another of unsuccessful criminal, or bankruptcy, or liquidation proceedings, without reasonable or probable cause--In an action for malicious prosecution, the plaintiff must prove that he was prosecuted by the defendant; that the proceedings complained of terminated, in favour of the plaintiff from their nature they were capable of so terminating; that the prosecution was instituted against him without any reasonable or probable cause; that the prosecution was instituted with a malicious intention that was not with the mere intention of carrying the law into effect, but with an intention which was wrongful in point of fact; that he suffered special damage, when the proceedings were other than criminal proceedings, unless the proceedings were such as from their very nature were calculated to injure the credit of the plaintiff. (b) Tort--- --Malicious prosecution-Law and principles of malicious prosecution explained. II ASIL (1996)147; Fleming: Torts, 1977, Edn.5, P.597; The Halsbury's Laws of England, Vol 22(2nd Ed. By Hailsham) and Corpus Juris Secundum sets out in Sec.35 (Pages 405-06) quoted (c) Civil Procedure Code (V of 1908)--- ----O. VII, R.11---Rejection of plaint---Only the averments of the plaint were to be considered for the purpose of rejection of plaint. (d) Tort--- ---Malicious prosecution---Suit for compensation---Limitation---According to Art.23 of the Limitation Act, 1908, the limitation for filing suit for compensation for a malicious prosecution was one year; and the limitation would start to run from the date of acquittal of the plaintiff or the prosecution was otherwise terminated--Article 23 of Limitation Act, 1908 would apply when the suit for damages claiming compensation for malicious proceedings was filed---Suit for malicious prosecution must be filed within one year from the date of acquittal of plaintiff-Foundation of an action for malicious prosecution lay in the abuse of the process of the court by wrongfully setting the law into motion; and it was designed to discourage the provision of the machinery of justice for an…

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