At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE DAVIES & THE HONOURABLE MR. JUSTICE BENSON
For the Appearing Parties: ----
 Section 497 of the Civil Procedure Cod
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has no application to this case. Damages under that section must be awarded by an order of the court in the suit and can only be given if it appears to the court deciding the suit that there was no probable ground for instituting the suit. We agree with the Subordinate Judge in the view he has taken of this case in paragraph 7 of his judgment and dismiss the appeal with costs.
"1903 (13) MLJ 70"