Rajasthan High Court - Jaipur
Ajay Shankar Mathur vs Prahlad Mathur And Others on 26 May, 2011
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B. CIVIL SECOND APPEAL No.388/2011
Ajay Shankar Mathur
vs.
Prahald Mathur & Ors.
DATE: 26.05.2011
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
Mr.Neeraj K. Tiwari, for appellant.
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Heard learned counsel for appellant.
2. Plaintiff-appellant filed a suit for compensation of Rs.25,000/- for so called malicious prosecution of plaintiff by defendants. The said suit was dismissed by trial court and finding of trial court has been affirmed by first appellate court, while dismissing the plaintiff's first appeal. Hence, plaintiff has preferred this second appeal.
3. It appears from the judgments of both the courts below that defendants filed a complaint under Section 107 Cr.P.C., wherein plaintiff was directed to execute the bail bonds to maintain the peace for a period of six months and on expiry of period of six months, the proceedings stood terminated automatically and the same were dropped.
4. Submission of learned counsel counsel for appellant is that since exparte order was passed against defendants in the suit, therefore, suit should have been decreed.
5. Trial court as well as first appellate court, both recorded a finding that since there was no trial, the proceedings against plaintiff stood terminated after expiry of period of six months, therefore, no compensation can be awarded in the facts and circumstances of the present case.
6. I do not find any illegality or perversity in the impugned judgment so as to interfere with the same, more so second appeal can be admitted only on substantial question of law, which is not involved in the present second appeal, hence, it is dismissed in limine.
(NARENDRA KUMAR JAIN),J.
Sanjay