Honble PATHAK, J.–This appeal arises out of the judgment and decree dated 12.3.2004 passed by Addl. District Judge No. 2, Jodhpur in Civil Original Suit No. 51 of 2002 - Rakesh vs. Smt. Sugan Kanwar allowing the suit filed by respondent plaintiff for damages for malicious prosecution.

(2). The respondent is the original plaintiff and appellant is the original defendant, who are hereinafter referred to as "plaintiff" and "defendant" for the sake of convenience.

(3). The trial Court in this case has granted decree in favour of the plaintiff and has held him entitled to get the damages from defendant to the tune of Rs. 1 lac with interest @ 12% from the date of filing of the suit, against which the defendant has approached this Court by filing the present appeal under Section 96 C.P.C.

(4). The facts, involved in the case, in brief, are as follows:

1. Plaintiff filed the suit inter-alia stating that defendant Sugan Kanwar, who is daughter of Late Smt. Sugan Kanwar and sister of Jyoti Prakash, in collusion with her mother and brother lodged a false report at Police Station, Sadar Kotwali on 17.7.1998 to the effect that the plaintiff entered into the house of Mohan Kanwar, scuffled, beaten

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