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1977 Supreme(Del) 4

B.C.MISRA, V.S.DESHPANDE
RAM PYARE LAL – Appellant
Versus
OM PARKASH – Respondent


Advocates Appeared:
A.B.SAHARIA, A.L.Sehgal, I.D.AHLUVALIA

B. C. MISRA, J.

( 1 ) THIS judgment will dispose of two appeals, RFA 10-D of 1964, instituted by Ram Pyare Lal, plaintiff,, as well as RFA 179-D of 1963, instituted by the Union of India, defendant No. 3. Both the appeals are directed against the common judgment and decree of the court of first instance, dated 3rd September, 1963, by which the court has dismissed the suit of the plaintiff, bearing No. 204 of 1960, claiming damages to the extent of Rs. 9000. 00 on account of alleged malicious prosecution of the plaintiff, while the other suit (No. 205 of 1960) instituted by the same plaintiff has been decreed to the extent of Rs. 12,500. 00 against the Union of India, on account of damages for false imprisonment out of a claim of Rs. 25,000. 00. In suit No. 205 of 1960, Union of India is defendant No. 3 and Om Prakash, who was the Station House Officer of the Kotwali Police Station, Chandni Chowk was impleaded as defendant No. 1 and Naut Ram Yadav, Assistant Sub-Inspector of the same Police Station was impleaded as defendant No. 2. The said defendants are all respondents in the plaintiffs appeal, while they have not been impleaded in the cross-appeal filed by the Union of India.

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