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Pranshankar Shivshankar Vs. Govindhlal Parbhudas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1877)ILR1Bom467
AppellantPranshankar Shivshankar
RespondentGovindhlal Parbhudas
Excerpt:
action for damages caused by a civil action - costs. - 1. the court is of opinion that the suit will not lie. an action is not maintainable for damages occasioned by a civil action, even though brought maliciously, and without reasonable and probable cause (see addison on wrongs, p. 599, 3rd edition); neither will a suit lie to recover costs awarded by a civil court, though it may lie for costs., which could not be so awarded: chengulva raya mudali v. thangatchi ammal (6 mad. h.c. rep. 192).
Judgment:

1. The Court is of opinion that the suit will not lie. An action is not maintainable for damages occasioned by a civil action, even though brought maliciously, and without reasonable and probable cause (see Addison on Wrongs, p. 599, 3rd edition); neither will a suit lie to recover costs awarded by a Civil Court, though it may lie for costs., which could not be so awarded: Chengulva Raya Mudali v. Thangatchi Ammal (6 Mad. H.C. Rep. 192).


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