Malicious Prosecution -- Order Appealed Before Higher Forum -- Limitation Runs From Appellate Order
(i) Limitation Act, 1963, Art.74 -- Malicious Prosecution -- Order Appealed Before Higher Forum -- The expression "prosecution is otherwise terminated" is reckoned from the date of the appellate order and not from the date of dismissal by the court or tribunal of first instance. A contrary reading renders the word "otherwise" surplusage and may render a suit infructuous where the appellate forum later reverses the order relied upon for computing limitation. (ii) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Objection Raised Before Issuance of Summons -- A defendant may be heard on objections falling within Order VII Rule 11 even prior to issuance of summons, and the court may reject a plaint at that stage if grounds for rejection are made out on the face of the plaint.
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