Balbir Singh vs Manjit Singh And Others on 30 January, 2009

R.S.A. No. 3718 of 2008 (O&M)                   -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
              CHANDIGARH


                                  R.S.A. No. 3718 of 2008 (O&M)

                                  Date of Decision : 30.01.2009


Balbir Singh

                                                  ....Appellant
               Versus


Manjit Singh and others

                                                  ...Respondents

CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
                  ....

Present : Mrs. Puja Chopra, Advocate
          for the appellant.

                          .....

MAHESH GROVER, J.

This appeal by the plaintiff is directed against the

judgments of the learned trial Court dated 9.5.2005 and the first

Appellate Court dated 8.4.2008.

The appellant has filed the suit for damages against the

respondents for malicious prosecution. The FIR No.94 dated

6.8.1998 was got registered by the father of Paramjit Kaur and on

investigation it was found to be false. Thereafter the police prepared a

cancellation report but the same is yet to be accepted as the author of

the FIR has also lodged a private complaint and has also filed a

protest petition against the cancellation. The said matter was still

pending as a result the cancellation report has not attained finality. In

this view of the matter, the findings recorded by both the Courts
R.S.A. No. 3718 of 2008 (O&M) -2-

below dismissing the suit of the plaintiff/appellant can neither be

termed to be perverse nor erroneous so as to warrant any interference

in the regular second appeal. No substantial question of law arises in

the present appeal.

That apart, the appeal is barred by a delay of 76 days.

Dismissed.

30.1.2009                                   (MAHESH GROVER)
                                               JUDGE

dss