High Courts(1902) 02 MAD CK 0007

Trilochana Bakshi vs Brojo Patro

Madras High Court · Decided on 17 February 1902 · Citation: (1902) 12 MLJ 349

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Judgment

5 paragraphs · 119 words
1.

The facts in our opinion show that the plaintiff''s legal cause of action was for trespass in the defendant''s having wrongfully caused the plaintiff''s

house to be searched. The facts would not support an action for a malicious prosecution, inasmuch as the information given was only to the police,

and the steps taken were only in a police investigation preparatory to a prosecution before a Magistrate. So regarding the suit as one for damages

for trespass, it is not exempted from the cognizance of a Court of Small Causes, and as the damages claimed do not exceed Rs. 500, no second

appeal lies u/s 586 of the Code of Civil Procedure. This appeal is, therefore, rejected with costs.