(1) This revisional application raises a neat question of jurisdiction. Whether the Poona Court can entertain a pauper suit to recover damages for malicious prosecution. The relevant facts are these. Some time prior to 4th February 1962 the Defendant in Bombay entrusted certain diamonds of the value of Rs. 15,000/- to one Jairamdas, the brother of the Plaintiff for the purpose of sale on commission, but while Jairamdas was travelling from Bombay to Poona his pocked was picked. However, the Defendant filed a Criminal complaint against Jairamdas and the Plaintiff (both of whom carry on business as jewellers at Poona) in the Court of the Presidency Magistrate at Esplanade, Bombay, charging them with the offences of criminal misappropriation and criminal breach of trust and abetment thereof under Sections 403 and 406 read with Section 114 of the I.P.C. This criminal complaint was filed by the Defendant on 14th February 1962 and after obtaining the process from the criminal court in that behalf, the Defendant effected service of the summons upon the Plaintiff and his brother at Poona. It appears that evidence of witnesses on behalf of the Complainant (Defendant) was led in the crim