AIROnline 2018 Bom 178

Bombay High Court

Hon'ble Judge(s): Manish Pitale , J

Limitation Act (36 of 1963) , Art.74— Civil P.C. (5 of 1908) , O.20 R.1— Torts - Suit for damages for malicious prosecution - Allegations against petitioner that he had encroached on property of respondent - Offences against petitioner Under Sections 447, 466, 467, 468 and 471 of IPC - Trial Court partly decreed suit for damages for malicious prosecution in favour of petitioner, while dismissing counter claim of respondent on question of alleged encroachment of property - Appellate Court passed order only question of decree passed in suit for damages for malicious prosecution in favour of petitioner - And operative portion of order setting aside decree passed by trial Court has to be read in context of grievance and consideration of same in impugned order - Although findings on merits are rendered in favour of petitioner solely on ground of limitation, suit itself has been dismissed.