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Shunmugha Udayar Alias Shanmugha Vadhiar Vs. Kandasami Asary - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in59Ind.Cas.973
AppellantShunmugha Udayar Alias Shanmugha Vadhiar
RespondentKandasami Asary
Cases ReferredGopalakrishna Kudva v. Bangle Narayana Kamthy
Excerpt:
malicious prosecution - damages, suit for, maintain, ability of, against in former--burden of proof, wrong allocation of, by trial court--correct appreciation of evidence in appeal--appeal, second--finding of fact, whether binding. - .....himself on the question of burden of proof as regards one of the points involved (namely, that plaintiff was innocent of the charge of being liable to be called upon to furnish security) but the subordinate judge points out that error of the munsif, quoting gopalakrishna kudva v. bangle narayana kamthy 45 ind. cas. 803, and has considered the evidence from his own correct standpoint and concurred in the munsif's finding.3. we must accept the finding of the lower appellate court on this point. so accepting, we dismiss the second appeal with costs.
Judgment:

1. The lower Courts were wrong in relying on Narasinga Row v. Muthaya Pillai 26 M. 362 for their conclusion that the defendant was not the prosecutor in the criminal case and hence not liable as such. See Periya Goundan v. Kuppa Goudan 52 Ind. Cas. 782.

2. But they have concurrently found that there was reasonable and probable cause for the prosecution. The District Munsif might have misdirected himself on the question of burden of proof as regards one of the points involved (namely, that plaintiff was innocent of the charge of being liable to be called upon to furnish security) but the Subordinate Judge points out that error of the Munsif, quoting Gopalakrishna Kudva v. Bangle Narayana Kamthy 45 Ind. Cas. 803, and has considered the evidence from his own correct standpoint and concurred in the Munsif's finding.

3. We must accept the finding of the lower Appellate Court on this point. So accepting, we dismiss the second appeal with costs.


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