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2006 Supreme(Bom) 1268

A.H.JOSHI
Malabai w/o. Pralhad Bhoyar – Appellant
Versus
Sumanbai w/o. Narayanrao Dubey – Respondent


JUDGMENT:- Heard.

2. The appellant herein is Original Plaintiff. She had filed Regular Civil Suit No.63 of 1999, claiming damages for malicious prosecution.

3. The plaintiff and her husband were prosecuted for offences under Section 323 and 448, read with Section 34 of Indian Penal Code, in the Court of Judicial Magistrate, First Class, Malegaon. The trial resulted in acquittal on 7th October, 1995, where the complainant did not step into the witness box. The complainant also fled CriJ11inal Revision Application which was dismissed with costs on 19th July, 1997.

4. The Plaintiff filed a suit for damages for malicious prosecution after conclusion of Revision, i.e., after 19th July, 1997. The suit was decreed and the decree of Rs.30,000/- was granted.

5. First Appellate Court, inter alia, on merits of appeal, and also on the point of limitation, reversed the decree. The learned District Judge placed reliance on reported Judgment of this Court in the case of Vasantrao Bapurao Chiddarwar Vs. Raghunathrao Anantrao Deshmukh [1990 Mh.L.J. 491].

6. In the present Second Appeal, learned Advocate has urged as a Substantial Question of Law the point, namely what is the right construction of the te








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