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2014 (4) TMI 1266 - HC - Indian LawsDecree for recovery of ₹ 22 lakhs, which was paid under threat - entitlement for interest and period for calculation of interest - suit is barred under Section 140 of Delhi Police Act or not - Whether the suit is bad for mis-joinder and non-joinder of parties as alleged by the defendants? - HELD THAT:- Though undoubtedly neither of the defendants in their respective written statement took the plea, of the suit claim being barred by time, and no issue also was framed to the said effect but Section 3 of the Limitation Act, 1963 mandates that every suit instituted after the expiry of the period prescribed for filing thereof shall be dismissed, although limitation has not been set up as a defence. The suit is clearly for compensation for malicious prosecution and the period of limitation prescribed by Article 74 of the Schedule to the Limitation Act wherefor is one year starting from the date when the plaintiff is acquitted or the prosecution is otherwise terminated. The plaintiff was acquitted on 5th March, 2004 and on which date, according to the plaint also, the cause of action for the suit accrued to the plaintiff. The suit thus had to be instituted on or before 4th March, 2005. Though the suit being barred by time, there is no need to deal with the other aspects but I may only add that a perusal of the judgment of acquittal of the plaintiff from a reading thereof, does not show the prosecution of the plaintiff to be malicious. Rather, the plaintiff has been acquitted giving the benefit of doubt and not for the reason of having been falsely implicated. The plaintiff else neither in the pleadings nor in the evidence also has made out any case of malicious. The plaintiff has thus found on merit utterly failed to prove his case and the issue no.1 and axiomatically issue no.2 are decided against the plaintiff - Issue decided in favour of the plaintiff and against the defendants.
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