Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 28th January, 2013 of the Court of the Additional District Judge (ADJ) -I, Patiala House Courts, New Delhi of dismissal of Suit No.675/2010 (ID No.2403C031222010) filed by the appellant/plaintiff for recovery of Rs.5 lakhs from the respondent/defendant towards damages suffered by the appellant/plaintiff due to malicious prosecution and defamation of the appellant/plaintiff at the instance of the respondent/defendant.

2. Notice of the appeal and the application for condonation of 18 days delay in re-filing the same was issued. The counsel for the respondent/defendant appeared before this Court on 26th November, 2013 when the delay in re-filing the appeal was condoned and finding the learned ADJ to have dismissed the suit on the ground that the appellant/plaintiff had not proved that prosecution was malicious and on the ground that the appellant/plaintiff was acquitted giving benefit of doubt, the appeal was admitted for hearing, the Trial Court record was requisitioned and the counsels asked to address arguments. However, both the counsels sought adjournment. Considering the nature of the appeal, it w