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2023 Supreme(P&H) 1033

ALKA SARIN
Jeet Ram – Appellant
Versus
Ravinder Singh – Respondent


Advocates appeared:
Mr. S.S. Antal, Advocate for the appellant
Mr. R.K. Rana, Advocate for respondent Nos.1 to 3

ALKA SARIN, J.

1. The present appeal has been preferred against the judgment passed by the First Appellate Court setting aside the judgment and decree passed by the Trial Court and remanding the case back for being decided afresh in accordance with law.

2. The brief facts relevant to the present lis are that the plaintiff-appellant filed a suit for recovery of Rs.1 lakh as compensation for malicious prosecution/harassment/defamation. It is the pleaded case of the plaintiff-appellant that he was elected as Sarpanch of Village Munerheri, Tehsil and District Ambala and he was highly respected in the village and enjoyed a very good reputation. The defendant-respondents are Scheduled Castes and residents of Village Munerheri. They are father and son and they colluded with each other and in 1992 filed a false/frivolous complaint under Sections 452, 436, 437, 427, 148, 149 IPC against the plaintiff-appellant and others without reasonable and probable cause. It was alleged in the said complaint that at about 8.30 PM on 29.01.1992 they were celebrating the birthday of their grandson Sunny and all the 18 accused in the said complaint trespassed into their house and the plaintiff-appellant spri

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